Vault12 says its 2018 token sale fits that path almost exactly: it has fulfilled or formally abandoned every commitment in its white paper, yet its token has never been listed. Its concerns echo a comment letter from industry group The Digital Chamber, which Vault12 says it supports.

Exchanges Vault12 approached about listing VGT wanted assurance that the SEC would not later challenge the token’s status, according to the letter. The company argued that the proposed safe harbor does not provide enough certainty for them to proceed.

The SEC’s proposed Regulation Crypto Assets would create exemptions for token fundraising and a conditional safe harbor for ending an investment contract associated with a token. To use the safe harbor,…