NewsCryptoSEC Cancels Vote on Long-Awaited Reg Crypto Proposal

SEC Cancels Vote on Long-Awaited Reg Crypto Proposal

Author: Coindoo·

Key Takeaways

  • The SEC canceled the scheduled Reg Crypto vote one day before commissioners were set to meet, and no replacement date was announced.
  • Reg Crypto was intended to outline temporary exemptions and a safe harbor for certain early-stage crypto projects and fundraising activities.
  • The SEC’s separate tokenized-securities innovation exemption has still not been published more than three months after Chair Atkins said it was close to release.
  • Wall Street groups such as SIFMA have argued that tokenized securities should generally remain subject to existing market rules, citing fragmentation risks.
  • Nasdaq’s tokenization approach keeps blockchain-based securities within existing trading and clearing systems rather than creating a separate crypto-native venue.
SEC Cancels Vote on Long-Awaited Reg Crypto Proposal

The U.S. Securities and Exchange Commission issued a cancellation notice on August 13 for its scheduled Reg Crypto vote, one day before commissioners were set to meet. The agency provided no reason for the decision and did not announce a new date. Reg Crypto was the sole item on the agenda.

Under the original meeting notice, commissioners were due to consider whether to propose a tailored offering regime for certain investment contracts involving crypto assets. The cancellation notice leaves that proposal outside the formal public-comment process just as Congress prepares to resume its own crypto market-structure negotiations in September.

Reg Crypto Falls Off the Calendar

SEC Chair Atkins first outlined Reg Crypto in a March 17 speech, proposing temporary exemptions for early-stage crypto projects and fundraising, alongside a safe harbor designed to clarify when an investment contract involving a crypto asset has ended. At the time, he indicated he expected the Commission to consider a proposal within weeks.

Nearly five months elapsed before Reg Crypto finally appeared on the Commission's public calendar. The August meeting would have marked the transition from policy speeches to an actual rulemaking proposal—opening the framework to public comment and giving the industry its first look at the SEC's proposed legal boundaries.

The meeting also would have preceded Congress's resumption of work on the CLARITY Act. That timing had positioned the SEC to advance part of its crypto agenda before lawmakers returned in September. Atkins has acknowledged that SEC action cannot replace legislation, arguing that only Congress can establish a durable, comprehensive market-structure framework.

The CLARITY Act itself lost its August window and shifted into September. Both processes are now taking longer than expected, though for different reasons: Congress continues negotiating legislation, while the SEC has postponed a specific regulatory proposal that was already scheduled for consideration.

A Separate Tokenization Exemption Is Also Running Late

The SEC's planned innovation exemption for tokenized securities is a distinct initiative and has not yet reached the Commission calendar.

Commissioner Hester Peirce stated on March 12 that SEC staff was working on limited exemptive relief for certain tokenized-securities trading. A little more than a month later, on April 21, Atkins said the agency was "on the cusp" of releasing it.

The exemption was expected to give firms room to test new forms of on-chain securities trading while regulators develop more permanent rules. Depending on the final scope, it could cover areas such as blockchain settlement, automated market makers, and platforms built differently from traditional national securities exchanges.

More than three months after Atkins's April remarks, no proposal has been published.

CoinDesk reported on August 13, citing three industry sources, that the exemption is facing another delay amid concerns from Wall Street and the White House over market structure and its interaction with congressional legislation. Those reported concerns should be distinguished from what the government has confirmed publicly. Neither the SEC nor the White House has stated that White House objections caused the delay.

Why Wall Street Is Pushing Back

The dispute surrounding the innovation exemption centers on what happens when tokenized securities begin trading outside the infrastructure that currently connects U.S. equity markets.

Allowing U.S. securities to trade through crypto-native platforms would go beyond simply representing existing stocks on a blockchain. It could create new venues with their own liquidity, pricing, and execution mechanisms.

SIFMA has supported tokenization as a technology while arguing that tokenized securities should generally remain subject to the same market rules as their traditional equivalents. In a March 17 submission to the SEC, the trade group said Regulation ATS and Regulation NMS should generally continue to apply to tokenized securities and the intermediaries that trade them.

The concern is fragmentation. A U.S. stock currently trades across venues connected by rules governing quotations, routing, and execution quality. If a tokenized version begins trading on a separate blockchain venue with its own liquidity and price, brokers need to know how that market fits into their obligations to compare prices and seek appropriate execution for customers.

An exemption broad enough to allow crypto-native venues to develop before those connections are defined could create a parallel market structure rather than simply modernizing the existing one.

Nasdaq Is Taking the Integration Route

Nasdaq's tokenization plans offer a useful contrast, as they attempt to add blockchain technology without separating tokenized securities from the infrastructure already used by U.S. markets. Nasdaq's approach keeps blockchain-based securities within established trading and clearing systems rather than building a separate crypto-native venue around them.

Keeping tokenized securities inside the existing exchange framework would allow regulators to apply familiar rules covering market access, price discovery, execution, and surveillance while adapting the infrastructure underneath them. A crypto-native platform seeking exemptive relief presents a harder issue because regulators must decide which parts of the existing framework can be relaxed without weakening the connections between markets.

The disagreement is therefore not primarily over whether securities can be tokenized. It is over whether blockchain trading should be introduced through the existing market structure or allowed to develop outside parts of that structure under temporary SEC relief.

CLARITY Matters Differently to Each SEC Plan

Congressional legislation hangs over both debates, but the connection differs.

For Reg Crypto, the link is explicit: the SEC can provide interim rules for certain offerings, but a broader and more durable crypto market structure would still depend on Congress.

For the innovation exemption, the overlap is broader. Future market-structure legislation could affect how tokenized trading venues, intermediaries, and securities are regulated, giving the SEC reason to consider how temporary exemptions would fit with whatever Congress eventually passes.

That does not establish that CLARITY negotiations, or concerns from the White House, are responsible for the exemption's delay. The SEC is considering temporary regulatory relief while lawmakers are still deciding what the permanent statutory framework should look like.

What Market Participants Are Waiting For

Crypto projects seeking clearer rules around fundraising and investment contracts are still waiting for Reg Crypto to enter formal rulemaking. Firms attempting to build new venues for tokenized securities are waiting for the SEC to define how much flexibility its innovation exemption will actually provide.

September will bring Congress back to the CLARITY Act, but it does not automatically resolve either issue. For Reg Crypto, the next concrete development would be a new Commission meeting and publication of the proposed framework. For tokenization, the industry still needs to see the actual exemption before it can assess how far the SEC is willing to let blockchain-based trading move beyond existing exchange infrastructure.