SEC Unveils Two Crypto Funding Exemptions and Token Safe Harbor

The SEC proposed Regulation Crypto Assets includes a conditional safe harbor that could allow a crypto asset to be delinked from an investment contract with which it was once associated. The proposal pairs that safe harbor with new exemptions designed for certain investment contracts involving crypto assets.

Earlier today, the SEC proposed Regulation Crypto Assets, a proposed framework for certain investment contracts involving crypto assets. It includes two exemptions from registration under the Securities Act of 1933 and a conditional safe harbor related to the term investment contract.

The startup exemption would permit offerings of up to $5 million during a four-year period. The fundraising exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would provide principles-based narrative disclosures.

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