Bernstein expects aggressive SEC and CFTC rulemaking after CLARITY Act setback
US crypto rules may tighten as SEC and CFTC fill the CLARITY Act gap See how token, DeFi, and asset rules could shift fast after the Senate setback
Bernstein analysts expect the US Securities and Exchange Commission and the Commodity Futures Trading Commission to move quickly on new crypto rules after the CLARITY Act failed to advance in the Senate.
In a note shared Wednesday, the firm said the agencies may try to close the gap left by the stalled bill with regulations on token classification, capital raising, developer protections for decentralized finance, and exemptions for tokenized assets. Bernstein also pointed to possible changes affecting sports event contracts and their treatment under swaps rules.
The report comes after the Senate failed on Tuesday to pass a cloture motion on the CLARITY Act, which had aimed to create a federal framework for digital assets. Bernstein said a second vote appears unlikely in the near term, while SEC Chair Paul Atkins has separately said the agency is prepared to issue its own digital asset rules if Congress does not act.