Blockchain Association Files Comments on SEC’s Proposed Crypto Asset Rule: Recommends Raising Startup Exemption Cap to $10 Million

The Blockchain Association (@BlockchainAssn) posted on the X platform that the association has submitted a comment letter to the U.S. Securities and Exchange Commission (SEC) regarding the proposed Regulation Crypto Assets. Previously, the committee led by SEC Chair Paul Atkins had proposed exemptions for startups and fundraising activities, as well as a safe harbor mechanism to clarify when tokens are no longer considered investment contracts. The main recommendations in the letter include: • Establish clear objective criteria: Provide non-exclusive indicators to determine when an issuer’s core managerial efforts have ended, such as open-sourcing the source code or the absence of an entity capable of unilaterally reviewing transactions. • Link liability to control: Project developers shall only be responsible for areas within their control, excluding third-party applications and community activities; exchanges, liquidity providers, and other entities relying in good faith on SEC filings by projects shall be protected. • Create a safe harbor for existing tokens: Qualified third parties such as trading platforms may file for already-issued tokens, and such filing shall not be construed as acknowledging that the tokens were once securities. • Increase exemption limits: Raise the startup exemption cap to $10 million, excluding airdrops and network rewards from the limit; raise the fundraising exemption cap to $150 million, and allow on-chain transparency to substitute audited financial statements. • Strengthen federal preemption: Satisfy