Data / Federal rules / 2026-17183

Regulation Crypto Assets

The Securities and Exchange Commission published this proposed rule in the Federal Register on August 21, 2026. It took effect on August 21, 2026. Comments closed on October 20, 2026.

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What the agency says

The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."

Key facts

Document number

2026-17183

Type

Proposed rule

Action

Proposed rule

Agency

Securities and Exchange Commission

Published

August 21, 2026

Takes effect

August 21, 2026

Comments due

October 20, 2026

Dates

This release was published in the Federal Register on August 21, 2026. Comments should be received on or before October 20, 2026.

Docket

Release Nos. 33-11434; 34-106150; File No. S7-2026-27

Regulation ID (RIN)

3235-AN38

Code of Federal Regulations

17 CFR 200; 17 CFR 201; 17 CFR 228; 17 CFR 230; 17 CFR 232; 17 CFR 239

Topics

Administrative practice and procedure; Authority delegations (Government agencies); Electronic filing; Investment companies; Organization and functions (Government agencies); Reporting and recordkeeping requirements; Securities

Significant

Yes, under Executive Order 12866

Pages

146

The document on federalregister.gov PDF

Other documents from the Securities and Exchange Commission

Everything from the Securities and Exchange Commission · Rules on administrative practice and procedure · Rules on authority delegations (government agencies) · Rules on electronic filing · Published in August 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.