Five US crypto rule actions in 220 days cover tokens, offerings, custody and stablecoins

The SEC, CFTC and OCC addressed five layers of the market between March 17 and October 23; one rule is final and three are open for comment or at an early stage.

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Between March 17 and October 23, three US agencies issued five separate crypto actions, each aimed at a different layer of the market: how securities law treats tokens, how issuers raise money, how funds hold crypto, how retail trading venues are supervised and how payment stablecoins are issued. Their own releases show that two are final and three are still open for public comment or early-stage.

What happened

On March 17, the Securities and Exchange Commission (SEC) issued an interpretation of how federal securities laws apply to certain crypto assets. The Commodity Futures Trading Commission (CFTC) joined it, saying it and its staff would administer the Commodity Exchange Act consistently with the SEC's reading. The interpretation set out a token taxonomy covering digital commodities, digital collectibles, digital tools, stablecoins and digital securities.

On August 18, the SEC proposed Regulation Crypto Assets, a set of rules for offerings of investment contracts involving crypto assets. On October 1, it proposed custody rules for registered investment advisers and regulated funds. On October 5, the CFTC published an advance notice of proposed rulemaking on retail commodity transactions involving crypto assets. On October 23, the Office of the Comptroller of the Currency (OCC) issued a final rule implementing the GENIUS Act, the stablecoin law enacted on July 18, 2025.

The table lists each action and what the agency's own text says it does.

Date Agency Action Status
March 17 SEC, with CFTC Interpretation of securities laws for crypto assets Issued
August 18 SEC Regulation Crypto Assets Proposal, 60-day comment period
October 1 SEC Custody rules for advisers and funds Proposal, 60-day comment period
October 5 CFTC Retail crypto transactions Advance notice, 60-day comment period
October 23 OCC Payment stablecoin issuers Final rule, effective January 18, 2027

The offering rules

Regulation Crypto Assets would create two exemptions from Securities Act registration. The first is a one-time exemption for offerings of up to $5 million during a four-year period. The second would cover offerings of up to $75 million in each 12-month period, and issuers using it would have to provide financial statements and ongoing reports. The SEC said issuers under both exemptions would have to make principles-based narrative disclosures available to investors.

The proposal also contains a conditional safe harbor. If its conditions are met, a crypto asset would be deemed not subject to an investment contract for purposes of the definitions of "security" in the 1933 and 1934 securities acts. The proposed rules would also preempt state securities registration and qualification requirements for offers and sales under the exemptions, as well as for certain secondary market transactions.

SEC Chairman Paul S. Atkins said the proposal "seeks to provide crypto asset entrepreneurs and market participants with clear pathways to raise capital under the federal securities laws." The SEC said the rules aim to "reduce incentives for issuers to create and operate offshore."

The difference between the two exemption ceilings is $70 million (computed from $75 million and $5 million). The SEC release does not say how many issuers it expects to use each route.

Custody and trading venues

The October 1 proposal addresses a different problem: how advisers and funds hold crypto for clients. The SEC said it would permit crypto assets to be held in self-custody under certain circumstances and allow state trust companies to act as custodians for client and regulated fund crypto assets. It would also update requirements on financial statement audits for registered investment advisers and on broker-dealer custodial services for regulated funds.

Atkins said the proposal would give advisers and funds "a compliant pathway where none existed before." The SEC described the rules as a way to remove regulatory barriers that inhibit an adviser's ability to provide crypto-related investment advice.

Four days later the CFTC took up trading venues. Its advance notice, an early step that precedes a formal proposal, seeks comment on a framework for retail commodity transactions in crypto assets, which it calls CTXs. Among the topics, it asks how the CFTC could codify through rulemaking a subcategory of designated contract market registration, known as a crypto asset market, built specifically for CTXs.

CFTC Chairman Michael S. Selig said the agency would "establish regulations that are designed to prevent, rather than only prosecute after the fact, fraudulent schemes such as FTX." The CFTC said it intends to use the comments to inform "potential future agency action, such as a rulemaking." The release does not commit to a proposal or a timetable.

The stablecoin rule

The OCC's rule is the only one of the five that is final and carries an effective date. According to the Federal Register notice, it takes effect on January 18, 2027, which is 83 days after October 27 (computed). The OCC proposed the rule on March 2 and, by its own account, received approximately 328 comments from crypto-focused companies, trade groups, banks, non-profit organizations, academics and individuals.

The final rule provides that timely redemption "may not exceed two business days following the date of the requested redemption." The OCC also dropped a rebuttable presumption from its proposed treatment of the yield prohibition, as FinanceInTime reported on the final rule.

Why the timing matters

The five actions arrived across 220 days (computed from March 17 to October 23), but three of them fell inside a 22-day window from October 1 to October 23 (computed). The sources do not say whether the agencies coordinated that timing, and they give no reason for the clustering.

The agencies describe the work as complementary to Congress. In March, Atkins said the interpretation was a bridge for entrepreneurs and investors "as Congress works to advance bipartisan market structure legislation." In August, he said the SEC was proceeding "as Congress works to establish a lasting regulatory framework." The OCC rule implements the GENIUS Act, which Congress passed in 2025.

Market data from the same period shows no clear link to these actions. FinanceInTime's earlier analysis of crypto prices and stablecoin supply covered price moves over that window, and the data does not show why prices moved or whether the rule announcements played any role.

What to watch

Each open proposal carries a 60-day comment period that starts when the document is published in the Federal Register, according to the SEC and CFTC releases. The agencies have not said in those releases when they would finalize any of the proposals. The CFTC's advance notice says only that comments will inform potential future action.

The OCC rule's January 18, 2027 effective date is the one fixed point in the group. The OCC said in its notice that it expects to update the regulations as business practices develop. If the SEC finalizes its offering exemptions as proposed, the $5 million and $75 million ceilings would be the limits issuers work within. Any change after public comment would alter those limits.

Sources

  1. SEC Clarifies the Application of Federal Securities Laws to Crypto Assets — U.S. Securities and Exchange CommissionPrimary source
  2. SEC Proposes New Regulation Crypto Assets — U.S. Securities and Exchange CommissionPrimary source
  3. SEC Proposal Would Address How Investment Advisers and Funds Can Custody Crypto Assets Under the Federal Securities Laws — U.S. Securities and Exchange CommissionPrimary source
  4. CFTC Seeks Public Comment on Advanced Notice of Proposed Rulemaking Relating to Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets — Commodity Futures Trading CommissionPrimary source
  5. Federal Register notice, Office of the Comptroller of the Currency final rule implementing the GENIUS Act (October 23, 2026) — Office of the Comptroller of the Currency / Federal RegisterPrimary source
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