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Regulation

SEC postpones Regulation Crypto proposal without setting a new date

The agency's first major digital-asset rulemaking is deferred, and the sector is left waiting on a stalled Congress.

Thursday evening, the SEC pulled the Friday meeting at which it was set to propose Regulation Crypto, citing an "unforeseen scheduling issue" and deferring the item to "a later date" without naming one, according to CoinDesk.

The proposal was expected to open a limited framework for issuing crypto securities without triggering agency registration requirements, and to let issuers later transition out of the project — and, as a result, out of SEC oversight. That design was central to Chairman Paul Atkins's digital-assets agenda; he had described Regulation Crypto as "a tailored offering regime for certain investment contracts." Until the SEC begins this more durable form of regulation, including public notices and comments, the agency has relied on a series of crypto policy statements meant to clarify its position on digital assets.

The cancellation lands at a moment when the legislative alternative is also stuck. The Senate's Digital Asset Market Clarity Act, intended to establish a legal foundation for U.S. crypto market activity, has not advanced. The industry had looked to the SEC to pick up the work. Now the sector waits again to see which branch of government delivers first. The Senate returns briefly next month; whether negotiations among lawmakers and the White House can find enough common ground to clear the 60-vote threshold needed in the Senate remains unclear, CoinDesk reports.

A second digital-assets effort appears caught in the same delay. Crypto insiders had expected the SEC to take up an "innovation exemption" for tokenizing securities. That item is also expected to be delayed, according to CoinDesk.

The postponement costs the industry more than a meeting. This was to be the SEC's first major rulemaking effort in the digital-assets sphere, CoinDesk reports. A proposal would have produced actual rule text and opened a public comment period — something market participants could examine and respond to. It also would have put the off-ramp on paper. Without a proposal, the SEC's crypto policy remains what it has been: a set of statements clarifying the agency's position, with no codified path in sight.

For advisors with clients in digital assets, the practical meaning is that the rulemaking clock has not started. The agency called the meeting postponed, not abandoned, but "a later date" carries no date. Until one appears, the sector operates on policy statements and waits to see whether the SEC or Congress moves first. That is unlikely to change until one of them does.

Sources & further reading
CoinDesk Policy
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