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SEC proposes up to $75 million cap for crypto asset offerings
The SEC’s framework would set exemption routes by rule, while a separate Senate CLARITY Act approach uses a greater-of $50 million or 10% formula tied to ancillary assets.
CryptoSlate reports that the SEC’s proposed Regulation Crypto Assets would offer a $75 million fundraising ceiling, but the figure is tied to different legal mechanics than a separate Senate market-structure framework under the CLARITY Act.
According to CryptoSlate, the SEC approach would create exemptions by rule for certain crypto-asset offerings, including a limited “startup” exemption allowing up to $5 million over four years, and a broader offering-and-reporting exemption permitting up to $75 million in a 12-month period with disclosure and continuing-reporting duties.
CryptoSlate adds that the Senate version, including Section 103 of the CLARITY Act, would instead create a statutory exemption for certain transactions involving ancillary assets sold pursuant to an investment contract, with an annual amount set at the greater of $50 million or 10% of the issuer’s outstanding ancillary assets value over a four-year period, plus an aggregate cap of $200 million.
The outlet also notes that neither route is currently available, the SEC proposal is open for public comment through Oct. 20, 2026, and the congressional framework remains unfinished legislation, with the choice depending on eligibility, asset definitions, and how rules would apply across issuers and token sales.