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After the CLARITY Act stalled in the Senate, the regulatory agencies aren’t waiting around for Congress.
The SEC is increasingly building the crypto framework itself.
For an industry that’s spent years asking for clearer rules, that’s worth watching closely.
This is part of a much bigger change at the SEC.
Over the past year, the agency has also addressed tokenized securities, proposed new rules for crypto offerings, and introduced an Innovation Exemption for certain tokenized stock trading.
The proposal would modernize decades-old custody rules and explicitly address crypto assets.
It could also allow self-custody in certain circumstances and permit state trust companies to serve as crypto custodians.
Another major shift in U.S. crypto regulation.
The SEC just proposed new custody rules designed to give registered investment advisers and funds a clearer legal path to hold crypto.
Here’s what changed. 🧵
SpankChain retweeted
TODAY 🚨: The Commission proposed new rules and amendments to provide a tailored framework for the custody of crypto assets for registered investment advisers and regulated funds, i.e. registered investment companies and business development companies.
SpankChain retweeted
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For creators and businesses interested in alternative payment rails, this means the regulatory certainty CLARITY promised is delayed again.
Crypto isn’t going anywhere, but the rules governing it remain unfinished.
With Congress heading toward the midterms, there’s now very little time left to revive the bill this year.
Without legislation, much of the responsibility for shaping crypto rules remains with agencies like the SEC and CFTC.
Several issues remain unresolved, including ethics rules around federal officials’ crypto holdings, anti-money-laundering provisions, and the ongoing fight over how crypto and stablecoins should interact with traditional banking.
The vote was 50-49, but 60 votes were needed to move forward.
Important distinction: the Senate did NOT vote down the CLARITY Act itself. It failed to clear the procedural hurdle needed to begin debate.
The CLARITY Act just hit its biggest roadblock yet. 🚫
On Sept. 15, the Senate failed to advance the bill in a key procedural vote, putting comprehensive crypto market structure legislation in serious doubt for 2026.
Here’s what happened. 🧵
The CLARITY Act is moving again, but the conversation has shifted.
With the regulatory framework largely in place, the focus is now on whether lawmakers can reach a bipartisan agreement and get the bill through the Senate.
For creators and businesses, clearer rules could encourage broader crypto adoption.
SpankChain retweeted
JUST IN: 🇺🇸 US considers plan to promote dollar-backed crypto stablecoins worldwide.
SpankChain retweeted
🇺🇸 TODAY: CFTC updates its crypto guidance to let registered firms invest customer funds in tokenized assets and use blockchain for recordkeeping, just days after the Senate's failed CLARITY Act vote.
ct.com/news/cftc-digital-ass…
📚 Further reading:
NBER study: nber.org/papers/w35322
Cato research brief: cato.org/research-briefs-eco…