
Atkins-led SEC will propose safe harbors for token sales, exchange capital rules, and on-chain custody standards. A public comment period follows before final rules later in 2026.
The SEC has scheduled a meeting for this month to begin drafting rules that would define how crypto companies raise money, how exchanges operate, and how custodians hold digital assets.
The meeting, led by Chairman Paul Atkins, follows his statement that the agency is working with the White House to make the US “the crypto capital of the world.” The agenda covers two main rule areas.
First, new safe harbors would create legal pathways for token sales, including ICOs, staking rewards, and airdrops. Exemptions would allow companies to raise funds without registering the tokens as securities, provided they meet disclosure and reporting conditions.
Second, exchanges and broker-dealers would face updated capital requirements and insolvency rules. The SEC plans to rewrite recordkeeping standards and set minimum liquid capital for trading venues, including alternative trading systems like Securitize Markets. A separate proposal would legalize institutional on-chain custody of real-world assets, subject to compliance conditions.
The meeting also covers two broader issues. The agency will discuss how tokens can move from the “security” category once their underlying networks become sufficiently decentralized. And coders building decentralized finance platforms would be exempt from broker-dealer registration if they do not execute trades on those platforms.
The SEC will publish a draft of the rules after the meeting, then open a public comment period before finalizing them later this year. Congress is scheduled to consider the crypto-focused CLARITY Act in the same month.
What reduces the risk. Clear safe harbors for token issuance and a workable decentralization test would remove the single biggest legal uncertainty for crypto startups. Developer immunity for DeFi front-end code would keep a key part of the ecosystem onshore. Custody rules that mirror existing standards for traditional securities would give institutions a framework to hold digital assets.
What makes it worse. Overly restrictive capital requirements could force smaller exchanges out of business. Vague criteria for the decentralization test would leave most tokens in regulatory limbo. If the final rules create new registration hurdles without grandfathering existing projects, enforcement actions may spike before the rules take effect.
A draft is expected within 30 days of the meeting, followed by a 60-day comment period. Final rules are unlikely before the fourth quarter of 2026.
The SEC's push comes as the agency has already proposed a framework to draw crypto trading onshore, signaling a broader shift toward regulated markets rather than enforcement actions.
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