The Securities and Exchange Commission called an open meeting for Friday 14 August 2026 at 10:00 a.m. New York time, with a single item on the agenda: proposing a tailored offering regime for certain investment contracts involving crypto assets, named Regulation Crypto. The draft sets out an exemption for small raises, in the region of 5 million dollars, a wider tier up to 75 million dollars with lighter disclosure duties, and an exit from securities law once a project is no longer driven by essential managerial efforts. The commission has only three members, all Republicans, since its last Democratic commissioner left in January 2026.
In the United States, an asset is treated as a security under the Howey test, drawn from a 1946 Supreme Court ruling: a security exists when an investor puts money into a common enterprise expecting profit from the efforts of others. Bitcoin falls outside that definition, having no issuer and no fundraising, and the CFTC treats it as a commodity. Until now the SEC has decided case by case, through enforcement actions and non binding staff guidance. A proposed rule is not a rule in force: it is published, opened to public comment, then rewritten before a second adoption vote.
For a bitcoin holder, nothing changes immediately: holding, taxation and the working of the network do not depend on this text. What is at stake concerns the companies around Bitcoin, custody, payments, mining and software tools, for which a written framework would replace today's uncertainty. A framework adopted by an agency rather than by Congress can still be revoked by a future commission without any act of law.
What to watch: publication of the text, which opens a comment period of 60 to 90 days, then the final adoption vote, which analysts do not expect before 2027. In parallel, the Senate is due to take up the CLARITY Act in September 2026, the bill on crypto market structure, whose progress will shape the real reach of the SEC's work.