SEC Schedules Aug. 14 Meeting on Crypto Offering Rules

Key Takeaways

• On Aug. 14, SEC commissioners will meet to consider proposing tailored offering rules for digital assets.
• Under his Regulation Crypto framework, Chair Paul Atkins outlined startup, fundraising, and investment contract safe harbors.
• The meeting could authorize a proposal, but would not create final binding rules immediately.

According to the U.S. Securities and Exchange Commission (SEC) official notice, the agency will hold an open meeting to consider its first formal rulemaking aimed at creating more lasting regulatory rules for crypto businesses. The proposal aims to create a regulated path for some crypto companies to legally issue digital assets under the agency’s broader “Regulation Crypto” plan.

📢 The SEC is set to hold an open meeting this Friday at 10 A.M. ET!

< p>They’ll consider proposing new rules for a tailored offering regime covering certain crypto investment contracts.

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SEC Chairman Paul Atkins has made this type of rulemaking clear in his crypto policy agenda. The agency is scheduled to meet on August 14, when its three-member commission, all Republicans, is expected to consider the proposal and open it for public comment.

The notice about the Friday meeting was issued by the SEC on Monday night, giving the public relatively little advance notice. However, the agency has been considering the proposal for some time.

The proposal is expected to include what the SEC describes as a “tailored offering regime for certain investment contracts involving crypto assets.” The proposal is expected to give a path for crypto firms to raise capital for projects under a tailored regulatory framework rather than following the SEC's standard registration process. It could also create a way for businesses to eventually move outside the SEC’s oversight once they are no longer actively managed by the companies or teams that originally launched them.

The timing of the proposal is significant as it comes shortly after the Senate failed to begin key votes on the Digital Asset Market Clarity Act before its August recess. The legislation was intended to establish a broader regulatory framework for the U.S. crypto market.

In a client note, TD Cowen analyst Jaret Seiberg wrote, “We view this as the first of several rulemakings the SEC will undertake to provide regulatory certainty for crypto assets after the Senate failed before the August recess to advance the Clarity Act on crypto market structure.”

Why the SEC Rule Matters for Crypto

The proposed rule could make it easier for crypto businesses to understand what they can and cannot do when raising capital. Clearer rules would reduce uncertainty around whether issuing a digital asset could trigger SEC registration requirements.

The proposal would not become law immediately, as the August 14 meeting would only mark the beginning of a formal rulemaking process.

Once the proposal is released, public comments can be submitted. That period typically lasts two or three months, although the exact time can vary. After this, the SEC will review comments and potentially make changes before adopting a final rule. This means that it could take several months before the rules are finalized and take effect.

SEC’s Broader Crypto Regulatory Push

Paul Atkins and the agency have already issued a lengthy series of crypto policy statements meant to clarify its regulatory stance on digital assets. However, those staff statements generally do not have the same long-term durability as formal rules adopted through the agency’s rulemaking process.

The SEC has already taken several steps aimed at providing greater regulatory clarity for the U.S. crypto industry. For instance, it worked with the Commodity Futures Trading Commission (CFTC) on a crypto asset “taxonomy” that outlines how the agencies view different types of digital assets and which regulator may have jurisdiction over them.

The agency is also still working on its tokenized securities approach, which Atkins has repeatedly identified as an important part of the agency’s crypto agenda.

Congress Still Has a Role

Atkins has repeatedly highlighted the significance of Congress for establishing clear laws for the crypto industry.

The proposed SEC rule could provide more clarity for certain crypto offerings, but it would not replace comprehensive legislation covering the broader crypto market.

The Clarity Act could still move forward when the Senate resumes its proceedings in September. Until then, the SEC’s August 14 meeting could mark an important step toward shaping how the U.S. regulates its crypto industry.

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