SEC Moves Toward “Regulation Crypto” as CLARITY Act Faces Delays

The U.S. Securities and Exchange Commission (SEC) is preparing to take a major step toward formal crypto regulation. The Senate failed to advance the CLARITY Act before its August recess. As a result, the SEC will hold an open meeting on Friday to consider whether to propose a tailored framework for certain crypto investment contracts.

SEC Begins Formal Rulemaking Process

According to SEC officials, the August 14 meeting will consider whether to release the proposed rules for public comment. The framework is often referred to as “Regulation Crypto.” It is expected to create a more structured route for certain digital asset projects to legally raise capital. Moreover, it would do so without automatically triggering full SEC registration requirements.

The proposal could also establish a clearer path for projects to move outside SEC jurisdiction once they are no longer under active management.

It could also create exemptions or safe harbors for certain crypto offerings, giving eligible projects a clearer route to raise capital without going through the full securities registration process. Additionally, it could build on the SEC and CFTC’s March interpretation, which established categories for different types of crypto assets. The interpretation also explained when an asset can separate from an investment contract.