Daily · US Crypto and Investment Shift · August 21, 2026
New pathways for crypto offerings
The SEC has proposed a tailored offering regime specifically for issuers of investment contracts involving crypto assets. This proposal introduces two registration exemptions and a conditional "safe harbor"—a legal provision that protects certain assets from being classified as investment contracts. For business founders and issuers, this is a significant development as it potentially removes the heavy burden of standard securities registration for certain digital asset offerings. Our read: this suggests a pivot toward a specialized regulatory framework for crypto rather than relying on legacy securities laws.
Shifting oversight for funds and AI compute
The CFTC is moving to reduce regulatory overlap by proposing registration exemptions for certain Registered Investment Advisers (RIAs) and raising the capital threshold for the Small Pool Exemption for Commodity Pool Operators (CPOs). These changes would lower the compliance barrier for smaller funds and advisors, potentially reducing operational costs and simplifying market entry.
Simultaneously, the CFTC has opened a consultation to better understand derivatives markets in compute. This means the regulator is seeking information on how to oversee financial contracts tied to computing power, likely reflecting the rise of AI infrastructure as a tradeable asset. Our read: the CFTC is proactively expanding its perimeter to capture the financialization of AI hardware and capacity.
Administrative updates were also published today regarding the LCH SA Liquidity Plan, Nasdaq ISE options fees, and MEMX LLC's operation of the TXSE Exchange.
This overview is informational, not legal or compliance advice. Consult your lawyer or compliance specialist on specific decisions.
Sources
This overview is based on official regulator publications for the period:
CH (2)
- SNB — 2026-08-21 - Data portal - Economic data, August 2026 — 2026-08-21
- SNB — 2026-08-21 - Data portal - Monthly banking statistics, August 2026 — 2026-08-21
EU (1)
- ECB — ECB Consumer Expectations Survey results – July 2026 — 2026-08-21
US (11)
- SEC — Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Ru... — 2026-08-21
- SEC — Self-Regulatory Organizations; LCH SA; Order Approving Proposed Rule Change Relating to the LCH SA Liquidit... — 2026-08-21
- SEC — Self-Regulatory Organizations; MEMX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Ch... — 2026-08-21
- SEC — Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Ru... — 2026-08-21
- SEC — Self-Regulatory Organizations; MEMX LLC; Notice of Filing and Immediate Effectiveness of a Proposal To Amen... — 2026-08-21
- SEC — Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed R... — 2026-08-21
- SEC — Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Form ADV — 2026-08-21
- SEC — Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Ru... — 2026-08-21
- SEC — Regulation Crypto Assets — 2026-08-21
- CFTC — Commodity Pool Operators and Commodity Trading Advisors: Reduction of Duplicative Regulation Through Interm... — 2026-08-21
- CFTC — Request for Comment on the Listing of Compute Derivatives Contracts — 2026-08-21