With the Clarity Act Stalled, the SEC Moves First on Crypto Rules

By Bartek Hagan

(about 1 month ago)

3 min read

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The U.S. Securities and Exchange Commission scheduled an open meeting for 14 August 2026 to propose Regulation Crypto, its first formal crypto rulemaking. The three commissioners are expected to vote to open the plan for public comment.

With the Clarity Act Stalled, the SEC Moves First on Crypto Rules

Key facts

  • The SEC scheduled a 14 August 2026 meeting to propose its first crypto rulemaking.
  • Regulation Crypto would let firms raise capital without triggering SEC registration.
  • The plan follows the Senate's failure to advance the Clarity Act before recess.

SEC schedules 14 August vote on Regulation Crypto

The U.S. Securities and Exchange Commission (SEC) set an open meeting for 14 August 2026 to propose Regulation Crypto. According to CoinDesk, the plan is the agency's first formal rulemaking aimed at crypto businesses. The SEC issued the notice on unusually short notice on Monday night. CoinDesk reported that the item had appeared on the agency's agenda before this week. The three-member commission, all Republicans, is expected to vote to open the proposal for public comment.

Proposal would let firms raise capital without registration

Regulation Crypto would create a tailored offering regime for certain investment contracts. According to CoinDesk, it would give crypto firms a path to raise capital for projects without triggering SEC registration requirements. Businesses would also gain an exit path from the agency's jurisdiction when they are not engaged in hands-on management. The measure would mark the SEC's first tailored framework for digital-asset offerings. It would give founders a defined route to fund projects instead of completing full securities registration.

Three commissioners are expected to open public comment

The vote would open the proposal, not finalize it. A public comment period would follow, letting industry participants and investors respond before any final rule takes effect. The commission would weigh that feedback before drafting a final version. SEC Chairman Paul Atkins has long set this rulemaking as one of the major points of his crypto regulatory plan. The 14 August meeting is scheduled, and the commission has not yet decided the proposal's outcome. A final rule, if adopted, would come only after the agency reviews public feedback.

Bitcoin trades near $64,000 at publication

Bitcoin traded at $63,943 at the time of publication, down 1.78% over the past 24 hours against the previous close (CoinPaprika, 11 August 2026). The asset held a market capitalization near $1.28 trillion and traded about 49% below its October 2025 record high of $126,173 (CoinPaprika, 11 August 2026). Over the past seven days, Bitcoin moved up 0.36%, a narrow range against the previous close. The proposal arrives while crypto markets weigh how new federal rules could shape digital-asset offerings.

Proposal follows a stalled Senate crypto bill

The proposal comes after the U.S. Senate failed to advance the Digital Asset Market Clarity Act before its August recess. TD Cowen analyst Jaret Seiberg described the SEC's move as the first of several expected rulemakings. He tied the agency's action directly to the stalled market-structure bill in Congress. The proposal signals that the SEC plans to advance crypto rules through its own process while lawmakers remain divided.

 

"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", 11 August 2026. — Jaret Seiberg, Analyst, TD Cowen

 

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