Video

Ashley Ebersole.
Blockchain Investing

The Hidden Tradeoff in the SEC’s Crypto Exemptions: Easier Fundraising, More Disclosure

The SEC's new crypto rule proposal shifts from enforcement to compliance, offering startups a fundraising path with disclosure requirements. But with Congress stalling on the Clarity Act, can these rules shape the future of crypto regulation?

The SEC’s formal crypto rule proposal marks a major pivot from an enforcement-first approach toward a structured compliance model, filling a regulatory vacuum as congressional action on the Clarity Act stalls.

The framework offers projects a path to raise capital under defined disclosure requirements before transitioning to a decentralized status once central management is no longer driving value.


While questions around custody and open-ledger mechanics remain unresolved, the proposal gives startups a viable route to fundraise and build without facing immediate, costly SEC enforcement battles.

According to Ashley Ebersole, the SEC likely waited because Congress was expected to act first through the Clarity Act. But as the year moved on, the odds of legislation passing quickly dropped.

That matters because legislation is more durable than regulation. A law passed by Congress can only be undone through another act of Congress and a presidential signature. A rule written by an agency is easier to reverse under a future administration.

For now, the big question is whether Congress acts in time - or whether the SEC’s rules become the main roadmap for the next phase of crypto regulation.

Listen to the full interview to hear more from Ebersole on the SEC and Clarity Act.

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Securities Disclosure: I, Meagen Seatter, hold no direct investment interest in any company mentioned in this article.