
The SEC targets July for its first formal crypto rule under Chairman Paul Atkins. Two clocks are running against him: Commissioner Peirce's exit and the midterm election window.
The SEC’s 2026 Regulatory Agenda targets July for its first formal crypto rule proposal under Chairman Paul Atkins. The rule, called Regulation Crypto, would exempt early-stage crypto projects from securities registration for up to four years, cap fundraising, and create a safe harbor for issuers stepping back from a token’s management.
The proposal is still pending before the White House Office of Information and Regulatory Affairs, the OMB unit that approves regulations for publication. Atkins laid out eligibility criteria in a March 17 speech at the DC Blockchain Summit. Startups would have four years to raise $5 million annually until the network matures. A separate exemption would let entrepreneurs raise up to $75 million through investment contracts tied to certain crypto assets. The safe harbor would trigger when an issuer completes its promised managerial efforts, at which point the token itself would no longer be treated as a security.
The crowdfunding component corresponds to Section 103 of the Senate’s CLARITY Act and would operate under the Securities Act of 1933. The DeFi innovation exemption would fall under the 1934 Exchange Act, according to reports.
Why July matters
Everything Atkins has achieved so far can be undone. A future SEC could issue a single memo to nullify staff guidance, interpretive releases, and no-action letters. The one thing it could not easily undo is a formal rule. Once finalized in the Federal Register, reversing it requires another comment period and another rulemaking process that could take years. That is the difference between a reversible policy and a durable framework, and it explains why Atkins is pushing for the July deadline.
Two clocks are running against him.
The first is Commissioner Hester Peirce. She leads the SEC Crypto Task Force, and her 2020 Token Safe Harbor is the intellectual foundation of Regulation Crypto. Peirce is leaving in November to teach at Regent University School of Law. Her second term expired in June 2025, and she can stay only until a Senate-confirmed replacement arrives. If she exits before the rulemaking is complete, her replacement could hold up the rule, change it, or discard it.
The second is the political clock. The Trump administration is two years old. Every policy Atkins drafts as guidance but not a rule is vulnerable if the next administration goes in another direction. Atkins said at an April digital assets summit that regulatory action needs to be durable enough that a future SEC cannot easily undo it.
The CLARITY Act, which divides crypto regulation between the SEC and CFTC, passed the House on July 17, 2025 and the Senate Banking Committee on a 15-9 vote on May 14, 2026. For the bill to become law this year, it needs to pass before August 2026 – a narrow window before the November midterms, according to The Cryptonomist.
Not everyone wants the SEC to move by exemption
Citadel Securities has lobbied for a full notice-and-comment rulemaking process, arguing that exemptions would make markets less safe and reduce oversight. The Blockchain Association has countered that traditional rulemaking is unnecessary because the SEC has used exemptions before.
The SEC agenda also includes separate initiatives on crypto exchange and broker-dealer regulation, plus a Memorandum of Understanding with the CFTC to coordinate oversight. Whether Regulation Crypto becomes durable policy depends on what Congress does before the midterms.
Prepared with AlphaScala research tooling and grounded in primary market data: live prices, fundamentals, SEC filings, hedge-fund holdings, and insider activity. Each story is checked against AlphaScala publishing rules before release. Educational coverage, not personalized advice.