The proposal introduces specific exemptions that could streamline how crypto companies issue tokens. Under the draft, firms could access a one-time exemption to issue up to $5 million in tokens over four years, alongside a separate allowance for offerings of up to $75 million annually, provided issuers satisfy financial reporting requirements. Central to the plan is a safe harbor provision designed to shield certain digital assets from being classified as investment contracts, provided specific criteria are satisfied.
This initiative represents a departure from previous enforcement-heavy approaches, following the agency’s recent decision to rescind stringent accounting guidance and drop lawsuits against major industry players like Coinbase and Binance. While industry leaders, including the Blockchain Association and The Digital Chamber, have welcomed the move as a long-overdue step toward clarity, concerns persist. Many executives remain wary that the absence of formal legislation leaves these rules vulnerable to reversal by future administrations, creating a precarious environment for long-term investment. The SEC will accept public comments on the draft for 60 days following its publication in the Federal Register.

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