‹ BackNewsICO

ICO

Meng Yan breaks down SEC crypto asset proposal in 10-point Q&A
1000
SEC moves to reopen ICO fundraising in the U.S., but demand may be the harder problem
Bloomberg: SEC crypto fundraising proposal seeks to revive the ICO model
SEC proposal could reopen public token sales, but ICO demand has faded, Bloomberg reports
SEC
2026-08-26 13:50:56

SEC crypto asset proposal seen as unlikely to spark another ICO boom

The U.S. Securities and Exchange Commission’s proposed "Regulation Crypto Assets," released on Aug. 18, would create two exemptions for certain investment contracts tied to crypto assets, opening defined fundraising channels for token issuers in the United States. One exemption would let startups raise up to $5 million in a single offering over four years, while another would allow eligible issuers to raise as much as $75 million in any 12-month period, with the possibility of conducting separate offerings in later years. Lawyers and regulatory specialists quoted in the report said the framework is more structured than the market environment seen during the 2017 ICO cycle. Winston & Strawn partner Drew Hinkes said a project could theoretically raise $75 million every 12 months if each round is genuinely independent. Sidley fintech and blockchain practice head Lilya Tessler, however, said follow-on fundraising would not be automatic: issuers would need to refile offering materials, undergo SEC staff review, and continue filing annual and semiannual reports. The proposal would also cap participation by non-accredited investors at 10% of the greater of annual income or net worth. Duke University financial regulation expert Lee Reiners said the limited first-round cap could make early token allocations more attractive, but he does not expect a return to the ICO frenzy of 2017, noting that as many as 90% of projects that raised through ICOs from 2017 to 2019 ultimately failed. The SEC estimates about 130 offerings a year would use the two exemptions, while roughly 475 issuers could rely on a broader investment contract safe harbor.

910
SEC crypto asset proposal seen as unlikely to spark another ICO boom
SEC proposes crypto asset rule with $5 million startup cap and $75 million annual exemption
SEC
2026-08-26 13:30:00

SEC’s proposed crypto asset rules could ease token fundraising, but not revive the 2017 ICO boom

The U.S. Securities and Exchange Commission’s proposed Regulation Crypto Assets framework could open a clearer route for token fundraising in the United States, including an exemption that would allow qualifying issuers to raise up to $75 million in any 12-month period. Lawyers and regulatory observers quoted by Cointelegraph Magazine said that structure could support staged fundraising and make early-round allocations more attractive, especially if projects return to market as their networks mature and valuations rise. Still, the proposal is not widely seen as a trigger for a fresh ICO frenzy. Duke University lecturing fellow Lee Reiners said the setup is unlikely to recreate the speculative conditions of 2017, pointing to investor caution after the last cycle, weak tokenomics in many earlier projects, and the reputational damage left behind. The SEC itself estimates about 130 offerings a year would use the two exemptions, while around 475 issuers could rely on the broader safe harbor for investment contracts. The proposal also leaves a difficult compliance question unresolved: when a token begins trading on the secondary market, it may still carry an investment contract if buyers continue to rely on the issuer’s promises or managerial efforts. That, according to the article, could create fresh legal uncertainty for issuers, exchanges and other trading venues even if primary issuance becomes easier.

860
SEC’s proposed crypto asset rules could ease token fundraising, but not revive the 2017 ICO boom
SEC
2026-08-21 15:53:26

Galaxy Research Head Says SEC Is Proposing Crypto-Only Rules That Could Open a Legal Path for Token Issuance in the U.S.

Galaxy research head Alex Thorn said the U.S. Securities and Exchange Commission proposed Regulation Crypto Assets, or Reg Crypto, on Aug. 18. He said the framework is designed specifically for crypto asset issuance and sales, rather than applying stock rules to tokens. The proposal could allow eligible token projects to issue to the public, including non-accredited investors, while also creating a process for token-related investment contracts to end once conditions are met. According to Thorn, the proposal would cover crypto assets that are not securities themselves but were issued or sold as part of an investment contract. He said the framework has four stages: fundraising, disclosure, development, and exit. The fundraising stage includes two new exemption paths, including a startup exemption that would allow up to $5 million over four years and a larger exemption similar to Regulation A that would allow between $20 million and $75 million over 12 months. Issuers would also need to disclose token supply, unlock schedules, minting and burning mechanisms, governance rights, smart contract details, source code, and project progress. Thorn said the proposal is notable because it introduces a “token lifecycle” approach, where a token can begin as part of an investment contract and later exit that status through a defined process. The SEC expects about 475 issuers a year could use the investment contract safe harbor, while about 130 projects are expected to use the new fundraising exemptions. Thorn said the near-term impact may be more about resolving existing regulatory uncertainty than triggering a new wave of token launches. The proposal is still in draft form and faces potential regulatory, state-level, and congressional hurdles.

1200
Galaxy Research Head Says SEC Is Proposing Crypto-Only Rules That Could Open a Legal Path for Token Issuance in the U.S.