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Regulation

Hyperliquid Policy Center Files Five Changes to SEC's Crypto Rules as Comment Deadline Hits Today

By MABOnChain Desk · Published · Updated · 4 min read

Editorial digital-art illustration in the CoinTelegraph style: a U.S. Capitol-style government building at dusk under dramatic cinematic light, glowing green parachutes descending from the sky releasing streams of golden crypto tokens like an airdrop, a judge's gavel resting on a marble desk in the foreground, green blockchain data streams arcing across the sky, ultra-detailed painterly 16:9 composition, no text.

Published October 20, 2026, 10:25 AM PKT. Based on the Hyperliquid Policy Center's October 19, 2026 comment letter to the U.S. Securities and Exchange Commission on proposed Regulation Crypto Assets, File No. S7-2026-27 (primary source), as described by PANews and KuCoin News on October 20, 2026 (secondary sources), with reporting from Crypto Briefing, crypto.news, CoinRepublic and financefeeds on October 19-20, 2026 (secondary sources). MABOnChain has not previously covered the Hyperliquid Policy Center's comment letter.

The Hyperliquid Policy Center, the policy arm tied to the Hyperliquid decentralized exchange, filed a comment letter with the U.S. Securities and Exchange Commission on October 19, 2026 urging the agency to adopt its proposed Regulation Crypto Assets framework with five changes covering token airdrops, secondary market trading, safe harbors, token buybacks and federal preemption. The filing arrived one day before the SEC's October 20 deadline for public comments on the framework, according to crypto.news.

The policy group broadly supports the proposal and urges its prompt adoption, KuCoin News reported, while arguing that the current draft leaves important questions unresolved for developers and token holders, particularly while networks are still being built.

The $5 million and $75 million exemptions

The SEC introduced Regulation Crypto Assets on August 18, TronWeekly reported, to create a tailored framework for certain crypto-related investment contracts. The proposal would let qualifying projects raise up to $5 million over four years under a startup exemption, or up to $75 million in any 12-month period under a separate fundraising exemption, both with disclosure obligations. The larger exemption would also require financial statements and ongoing reporting, while antifraud and antimanipulation protections would stay in force, CoinRepublic reported.

The draft also proposes a safe harbor addressing when crypto assets cease to be associated with investment contracts, alongside exemptions from certain state securities registration requirements, financefeeds reported. It builds on the SEC's March 2026 staff statement interpreting federal securities laws for crypto assets and activities, which covered airdrops, mining and staking, according to CoinRepublic.

Cointelegraph reported on October 19 that the agency drew about 140 comments over the 60-day consultation period, alpha-maven summarized. The framework has not been adopted, and the SEC has announced no final implementation date, financefeeds noted.

Five recommendations, one day before the deadline

The Hyperliquid Policy Center's letter asks the SEC to codify how eligible airdrops are determined, using a standard of "clear and specific consideration" for deciding what counts as a monetary investment, KuCoin News reported. It wants the final rule text to state that claiming steps such as connecting a wallet, completing know-your-customer checks or passing sanctions screening do not count as payment for tokens, a point Crypto Briefing also highlighted. The group wants the rule to cover announced and recurring airdrops and to apply retroactively to past distributions, according to NS3.AI reporting carried on Binance Square.

On secondary markets, the group asked the SEC to clarify the status of intermediaries and to let tokens issued under the exemptions trade immediately outside the registered framework, recommending exemptions for such transactions and platforms under Section 36 of the Exchange Act, KuCoin News reported.

For the safe harbor, the policy center wants using it to not imply any admission that a token previously involved an investment contract or that the project was an issuer, and for protection to extend to projects still under development, KuCoin News reported. It also asked for an option letting projects declare that a token was not a security from the outset.

The letter asked the SEC to fold the Division of Corporation Finance's recent repurchase guidance into the rules, unify the concept of a "central party" and distinguish automated buybacks executed under predefined rules from discretionary buybacks controlled by developers, KuCoin News reported. Finally, it called for durable federal preemption: issuers meeting the safe harbor conditions should be able to opt out of reporting obligations or file a simplified annual certification instead, keeping the exemption from state registration requirements effective after the safe harbor is satisfied, according to KuCoin News and PANews.

Airdrops without payment are not investment contracts

The airdrop recommendation is the centerpiece. The policy center argues that the receipt of free tokens distributed as rewards for on-chain activity, where users invest no funds and take on no financial risk, should not be deemed an investment of money under the investment-contract analysis, CoinRepublic reported. It wants the SEC to adopt a "tangible and definable consideration" test so that administrative claim procedures cannot be reclassified as payment.

The argument matters because many crypto projects distribute tokens to users who have participated in a network, supplied liquidity to protocols or run validators, the group wrote. Without a clear rule, developers cannot know whether a routine reward program makes them securities issuers.

A deadline during a shutdown

The comment period closes while the SEC is operating under its shutdown operations plan with only emergency staff, as MABOnChain reported on October 18. Public comment deadlines proceed on schedule regardless, and the Hyperliquid Policy Center's timing, one day before the cutoff, puts its recommendations among the last filings the agency will consider before drafting a final rule.

Industry reaction to the framework has been broadly positive, though legal experts quoted by alpha-maven warned that rules built through administrative action offer less legal stability than legislation passed by Congress, where comprehensive digital asset market legislation remains delayed.

This article is news reporting and is not investment advice.

Sources

  • Hyperliquid Policy Center, October 19, 2026 comment letter to the U.S. Securities and Exchange Commission on proposed Regulation Crypto Assets, File No. S7-2026-27, primary source (as described by PANews and KuCoin News): five recommendations covering airdrops without tangible consideration, secondary market trading and intermediaries, safe harbor protections for projects in development, automated versus discretionary token buybacks, and durable federal preemption of state registration requirements
  • Crypto Briefing, October 19, 2026, secondary source: the five recommendations, the call to exclude wallet connection, know-your-customer checks and sanctions screening from consideration, clearer secondary trading rules and the October 20 comment deadline
  • financefeeds, October 20, 2026, secondary source: the October 19, 2026 comment letter, support for the framework, the $5 million over four years and $75 million per 12 months exemptions, the safe harbor and state registration provisions, the October 20 deadline, and the framework's unadopted status
  • crypto.news, October 19, 2026, secondary source: the October 19 announcement, the five recommendations, the exemption figures, and the October 20 deadline
  • PANews, October 20, 2026, secondary source: the October 19 letter, the five amendments, the $5 million and $75 million exemption figures, and state registration preemption surviving safe harbor qualification
  • KuCoin News, October 20, 2026, secondary source: File No. S7-2026-27, the five recommendations in detail including "clear and specific consideration," Section 36 Exchange Act exemptions, no-admission safe harbor language, repurchase guidance and simplified annual certification
  • alpha-maven (summary of Cointelegraph), October 20, 2026, secondary source: about 140 comments over the 60-day consultation, the SEC's August proposal, the agency's effort to build a framework through administrative rules while congressional legislation stalls, and legal experts' stability caveats
  • CoinRepublic, October 19, 2026, secondary source: the "tangible and definable consideration" test, antifraud and antimanipulation protections retained, and the March 2026 SEC staff statement on airdrops, mining and staking
  • TronWeekly, October 20, 2026, secondary source: the August 18 proposal date, the exemption structure with disclosures and financial-statement requirements
  • NS3.AI via Binance Square, October 20, 2026, secondary source: retroactive application of airdrop rules and coverage of announced and recurring airdrops
Not financial advice. This content is for information and education only. See our disclaimer, editorial policy and disclosures.

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