Crypto Regulation News, October 2026: US And Global Rule Changes

October 2026 brought crypto rule changes on three continents. In the US, Congress stalled and the regulators moved: the CFTC and SEC each opened comment periods that close in December, the SEC staff issued guidance on token buybacks, and a House committee advanced a crypto tax bill. Abroad, the EU, France, the UK, South Korea, Russia and Thailand all acted on the same few weeks.

The common thread: almost everything here is a proposal, a notice, a staff view or a committee vote. Each section below gives the date, what happened, why it matters to a holder and the open question. Facts are as of 15 October 2026.

What happens to US crypto rules after the CLARITY Act vote?

On 15 September 2026, the Senate rejected cloture 49 to 50 on starting debate on the CLARITY Act, the crypto market structure bill. It needed 60. All 49 yes votes were Republican; Collins, Hawley, Moran and Tillis voted no, with Tillis voting no so he could move to reconsider. CBS reported that ethics language was at the centre of the impasse.

Why it matters: Senate Banking chair Tim Scott said the SEC and CFTC will set rules “until Congress legislates”. That is what the rest of this roundup shows. The House passed its version 294 to 134 in July 2025.

Open question: the Senate’s state work period runs 5 October to 6 November, after the midterms, so the earliest window is the lame-duck session. We covered the vote itself in what the CLARITY Act failure changed.

What is in the CFTC’s crypto notice, and what does “actual delivery” mean?

On 5 October 2026, the CFTC announced an advance notice of proposed rulemaking on crypto asset transactions and crypto asset markets. It was published in the Federal Register on 13 October; comments are due 14 December 2026. It covers retail crypto trading offered with leverage, margin or financing.

The key idea is an exception for “actual delivery” within 28 days. The text says possession and control “may require possession of the credentials (e.g., private key(s))”. Chairman Selig said delivery to a user’s external, non-custodial wallet within 28 days “generally satisfies this exception”. His remarks also listed BTC, ETH, SOL, XLM, XTZ and XRP “among others” as examples of digital commodities from an earlier taxonomy, not new classifications.

Why it matters: easier access to leverage also means bigger possible losses for more retail traders. There is no rule text yet. TD Cowen’s Jaret Seiberg told The Block a proposal may come late Q1 or early Q2 2027 at best. Earlier coverage: the CFTC’s filing explained.

What does the SEC custody proposal say about self-custody?

On 1 October 2026, the SEC proposed new custody rules for investment advisers and funds holding crypto. It was published in the Federal Register on 6 October, with comments due 7 December 2026.

In the proposal, “self-custody” means an adviser holding a client’s crypto through any portion of the private keys. An adviser could do that only if it determines in writing, initially and each quarter, that no permitted custodian is available, and meets conditions such as two-person authorization and client-only addresses. State trust companies could also act as custodians.

Why it matters: posts saying “self-custody is now allowed” misread it. Commissioner Peirce wrote that the proposal “uses the term in a way that does not reflect true self-custody by investors.”

Open question: what changes after comments. It is proposed, not final. More in who owns your XRP under the custody proposal.

What does the SEC staff’s token buyback FAQ actually say?

On 25 September 2026, the SEC’s Division of Corporation Finance published a crypto FAQ with nine questions. The page says the answers are staff views with no legal force.

Question 2.5 says a token buyback announced on a functional system is not a promise of the “essential managerial efforts” that can make a token a security. On a system that is not functional, pitched as a return, it could be. Question 2.4 ties “functional” to having no central party with operational, economic or voting control, using the SEC’s March 2026 release.

Why it matters: buybacks are popular with token projects. The FAQ sets two conditions, not a green light. The Block also covered its answers on upgrades and marketing.

Open question: several outlets reported a 28 September edit adding “and has no central party” to Q2.5, but the live SEC page we checked on 13 October did not show it.

What is in the House crypto tax bill, H.R. 10357?

On 16 September 2026, the House Ways and Means Committee approved H.R. 10357 38 to 5. According to the Joint Committee on Taxation description and Forvis Mazars, it would:

• treat network fees under $10 as no taxable event, for dispositions after 2027;
• generally give no gain or loss on qualified dollar stablecoins;
• extend the wash sale rule to crypto, applying from the bill’s introduction date;
• treat mining and staking rewards as ordinary income, without settling when that income is taxed;
• add a voluntary disclosure program with reduced penalties.

Why it matters: the wash sale change would end a common loss-harvesting habit if it becomes law. PwC notes a staking deferral idea did not make it in.

Open question: both chambers must pass it in identical form. Accounting Today expects it probably won’t this term; Grant Thornton sees possible lame-duck momentum.

What do the Robinhood insider trading charges allege?

On 15 September 2026, federal prosecutors in Manhattan announced charges against two Robinhood engineers, Hefu Chai and Huaisong Xiang. Each faces one Commodity Exchange Act count and one wire fraud count. They are alleged to have traded Hyperliquid perpetual futures before Robinhood Crypto listing announcements, using confidential information, on at least ten occasions each, with each allegedly making more than $50,000. Charges are accusations; both are presumed innocent unless proven guilty.

Why it matters: the complaints say the trades were traced through wallets linked to exchange accounts in their names. A wallet address hides a name, but the ledger keeps the path. CoinDesk reported Robinhood said it reported the matter and is cooperating. Neither Robinhood nor Hyperliquid has been charged.

Open question: how the case proceeds in court, and whether listing-information controls change across exchanges.

Does the EU’s stablecoin opinion ban USDT?

No. On 8 October 2026, the EU markets regulator ESMA published an opinion saying MiCA-licensed firms should stop providing services related to stablecoins that are not MiCA-compliant for EU clients. Existing exposures should be wound down no later than three months after publication, which works out to about 8 January 2027; national regulators can set earlier dates.

The opinion itself names no token and is addressed to national regulators. Platforms are already moving: Coinbase’s help page lists USDT and PYUSD as restricted for EEA retail users, with withdrawals by 30 October 2026 and remaining balances converted to USDC.

Why it matters: this is a venue rule, not a coin ban, but for EU users it changes where USDT can be held and swapped.

Open question: which national regulators set earlier dates.

What does France’s proposed crypto wallet declaration say?

On 3 October 2026, French deputies filed amendment I-CF821, which the finance committee adopted. It would require people to declare crypto wallets they hold directly, not with a licensed provider, worth EUR100,000 or more on 31 December. The authors’ summary cites a penalty of up to EUR10,000. It is a disclosure rule, not a ban on personal wallets.

Then the process reset. The committee rejected the revenue section of the budget 31 to 3, so the full Assembly restarted on 13 October from the government’s text and amendments had to be tabled again, Euronews reported. A revenue vote was scheduled for 20 October.

Why it matters: it would put a reporting line on wallets people hold themselves, which is where many larger holders keep their coins. crypto.news noted it is disclosure, not a ban.

Open question: as of 14 October we had not found the amendment re-tabled for the floor debate.

How is Russia opening a legal crypto market?

Russia’s crypto law was signed on 4 August 2026 and its core provisions took effect on 1 September, TASS reported. Only companies on Bank of Russia registers may run crypto exchange or custody businesses, with joining rules effective 5 October, per the central bank. The first registers named four exchange operators, including VTB, and five custodians, including Sberbank, according to The Paypers.

CoinDesk, citing Interfax, reported on 13 October that Sberbank was added to the exchange register and plans crypto products from 1 December, starting with BTC, ETH and USDT. A reported cap would limit non-qualified investors to 300,000 rubles a year per intermediary. Paying for goods in crypto stays banned.

Why it matters: it is another example of a country routing crypto through licensed banks, with caps and a central-bank coin list.

Open question: the final coin list had not been published as of mid-October.

Why does Chinese law decide claims to the UK’s seized bitcoin?

On 12 October 2026, the High Court in London ruled that Chinese law, not English law, governs fraud victims’ property claims to about 61,000 seized bitcoin, because the fraud took place entirely in China, The Block and CoinDesk reported. The ruling did not decide who owns the coins; applicants must still show a property interest rather than a claim for repayment.

The coins trace to Zhimin Qian, who the Crown Prosecution Service says ran a fraud in China from 2014 to 2017 with over 128,000 victims. She was sentenced to 11 years 8 months after pleading guilty to money laundering offences.

Why it matters: when crypto is seized across borders, which country’s law applies can decide whether victims recover anything.

Open question: both outlets, citing the Financial Times, report an appeal is being pursued. The written judgment was not yet on public databases when we checked.

What does South Korea’s block on 27 exchanges mean?

On 13 October 2026, South Korea’s Financial Intelligence Unit said the websites of 27 unregistered crypto exchanges are blocked for domestic users, CoinDesk and Seoul Economic Daily reported. Both name KuCoin, MEXC and Phemex. The FIU says it will seek further blocks on copycat sites. Korea has 28 registered virtual asset service providers.

This follows earlier steps: in 2025 Google Play and Apple blocked apps of unregistered foreign exchanges at the FIU’s request, The Block reported.

Why it matters: registration status decides who can legally serve you, and recovering funds from an unregistered operator is hard. For US readers, FinCEN notes that being on its registration list “is not a recommendation, certification of legitimacy, or endorsement”.

Open question: how long the blocks last. CoinDesk reports KuCoin says user assets remain secure.

What is the catch in Thailand’s bitcoin and ether ETF rules?

Thailand’s SEC issued rules for bitcoin and ether ETFs that take effect on 16 October 2026, The Block reported. The catch: 16 October is when the framework takes effect, not a trading date. Issuers still have to register, get approvals, arrange custody and list.

The rules, per IDN Financials and The Asian Banker: one coin per fund, passive, at least 80% average exposure, listed only on the Thai exchange, with licensed custodians and no margin loans. Foreign crypto ETFs stay limited to institutional and very wealthy clients.

Why it matters: it is a sign of ETF access widening in Asia, but it is a rulebook, not a product.

Open question: no source named a first trading date, the issuers, or whether retail buyers face extra limits.

What to watch next

• 14 December 2026: CFTC comment deadline on the crypto notice.
• 7 December 2026: SEC comment deadline on the custody proposal.
• Lame-duck session after 6 November: any CLARITY Act re-vote or tax bill floor time.
• About 8 January 2027: ESMA’s outer limit for EU wind-downs of non-MiCA stablecoin services.
• 1 December 2026: Sberbank’s planned crypto launch in Russia.
• France’s budget debate and the UK appeal.

A simple filter for every rule headline: is it a law, a final rule, a proposal or a staff view, and who does it actually apply to?