Token Safe Harbor
2 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.
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