US Crypto Regulation Mapped
1️⃣ Payment Stablecoins → GENIUS Act (already law)
- Sets the rules for payment stablecoins
- Requires 1:1 reserves backing each coin
- Guarantees redemption rights for holders
2️⃣ Token Fundraising / Securities Law → Regulation Crypto Assets (proposed SEC rule, not final)
Core question: Is the token itself a security?
YES → it falls under the existing SEC securities framework
NO → next question: How was it sold? Does the offering satisfy the Howey test?
✅ Satisfies Howey → it is an investment contract → treated by SEC as a "covered investment contract" → Regulation Crypto Assets applies
❌ Does not satisfy Howey → no investment contract, so Regulation Crypto Assets is generally not needed (note: other laws can still apply)
If Regulation Crypto Assets applies, there are three exemption paths:
A. Startup exemption: raise up to $5M over 4 years + narrative disclosures
B. Fundraising exemption: raise up to $75M per 12 months + narrative disclosures, financial statements, and ongoing reporting
C. Investment contract safe harbor: an independent path where, once managerial efforts are completed or ceased and a transition report is filed, the investment contract is deemed to end and the token is no longer subject to it
3️⃣ Crypto Market Structure → CLARITY Act (bill, not yet law)
Answers "who regulates what" by splitting jurisdiction:
- SEC: digital securities, investment contracts, securities offerings
- CFTC: digital commodities, spot market oversight, digital commodity exchanges, brokers, and dealers
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