SEC
10 articles
SEC Innovation Exemption and Token Safe Harbor: A Founder's Guide to Regulation Crypto Assets (Updated October 2026)
On August 18, 2026 the Commission proposed Regulation Crypto Assets—a 401-page proposing release creating a new 17 C.F.R. part 228, with a $5 million startup exemption, a two-tier fundraising exemption, an investment contract safe harbor, and blue-sky preemption through section 18(b)(3). It was published in the Federal Register on August 21, 2026, and comments are due October 20, 2026. What founders can use now, what changed, and where the rule is still exposed.
Who Qualifies for the SEC's Token Startup Exemption and Safe Harbor?
Eligibility for the SEC's proposed token exemptions is a three-gate analysis: classification, pathway, and exit. Run the gates in order and most founders' answer changes from 'wait for the rule' to something they can act on today.
Ethereum Staking Regulation in 2026: What Institutions Can Rely On, and What Only Congress Can Settle
Ethereum staking went from enforcement target to regulated-product feature in three years. But everything institutions now build on is rescindable guidance—and that durability gap is what the CLARITY Act is actually for.
Does Your AI Agent Need a Financial License? A Decision Guide
Whether an AI agent needs a financial license does not turn on the fact that it is AI. It turns on what the agent does with money or securities — and more than one regime can apply at once. An agent that executes securities trades answers to the SEC; one that trades futures, swaps, or leveraged retail crypto answers to the CFTC; one that moves customer money answers to FinCEN and the states. This is the decision guide that routes your agent to the right regulator — often more than one.
Does Your AI Trading Agent Need to Register as a Broker-Dealer?
When an AI agent executes trades for other people, the 1934 Act asks one thing: for whose account? An agent that effects transactions for someone else's account is a broker and generally must register; one that trades its own account may be an exempt 'trader,' and one that matches other users' orders can become an exchange. Autonomy does not change which hat you wear.
Does Your AI Trading Agent Need to Register as an Investment Adviser?
When an AI agent recommends securities to clients for a fee, the Investment Advisers Act asks one thing: what is the advice, not who — or what — delivers it. An autonomous agent that gives personalized investment advice for compensation is judged by the same three-part test as a human adviser, and no line of code creates an exemption.
NFT Regulation 2025: After the SEC Enforcement Retreat
The SEC closed major NFT investigations into OpenSea and Yuga Labs in early 2025, marking a dramatic shift from its aggressive 2022-2024 enforcement strategy. Here's what changed, what it means for NFT creators and marketplaces, and how to structure compliant NFT projects going forward.
The SEC/CFTC Token Taxonomy: What the Five Categories Mean for Your Token
The March 2026 SEC/CFTC joint release established five token categories. Which one applies determines your regulator, registration obligations, and compliance path.
The CLARITY Act (H.R. 3633) Explained: How It Would Split SEC and CFTC Jurisdiction
The CLARITY Act—H.R. 3633, the Digital Asset Market Clarity Act of 2025—passed the House and is now before the Senate. It would give the CFTC authority over digital commodities, including spot markets, and turn on a "mature blockchain" test rather than a named Bitcoin/Ether carve-out. Here is what the actual bill says, and what it does not.
The SEC's Crypto Pivot: What the Dismissals and New Rules Mean for Your Startup
The SEC dismissed its biggest crypto cases with prejudice, issued staff guidance, and adopted an interpretive token framework. For founders, the question shifted from "will the SEC sue me?" to "what does the new framework require—and how much of it actually binds?"
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