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SEC Sets Aug. 14 Meeting to Weigh "Regulation Crypto" Proposal as CLARITY Act Stalls
Bitwise CIO Matt Hougan says the SEC may be able to deliver faster regulatory direction for crypto even as the CLARITY Act remains stuck in Congress. The agency has scheduled an open meeting for Aug. 14 to consider proposing its first formal "Regulation Crypto" framework covering certain digital-asset offerings.
One potential outcome is that the SEC formally advances the Regulation Crypto proposal this week. Hougan characterized the approach as a "bypass road" around CLARITY, arguing that while CLARITY requires legislation, the SEC can use existing authority to establish rules and exemptions.
Under the concept, new crypto projects could get a clearer path to raise capital without immediately triggering full securities registration, with an expected transition as networks become more decentralized. The idea echoes challenges from the 2018 ICO era, when projects sought funding while navigating securities laws. Hougan says clearer rules could spark a new wave of innovation. Any SEC move would still be the beginning of a longer process, requiring public comment and additional steps before rules become final.
A second scenario is progress on an innovation exemption for tokenized securities. The SEC has been exploring ways to make blockchain-based versions of traditional securities easier to issue and trade, a shift that could support 24/7 trading of tokenized stocks and move portions of equity-market activity onto blockchain infrastructure. This aligns with Chairman Paul Atkins' Project Crypto agenda, which emphasizes rulemaking, exemptions and clearer digital-asset classifications rather than primarily relying on enforcement. The SEC is also coordinating with the CFTC on asset classification.
Even if the SEC moves ahead, the CLARITY Act would still matter. The bill has passed the House and cleared the Senate Banking Committee, but lawmakers left Washington for the August recess without a Senate floor vote. Debate is expected to resume around September, with outstanding disagreements over DeFi, ethics provisions and stablecoin yield. The result could be a two-track approach: SEC rules provide a faster near-term framework while Congress works toward more durable legislation.
A March SEC–CFTC framework identified BTC, ETH, SOL, XRP, ADA, LINK, AVAX, DOT, HBAR, LTC, DOGE, SHIB, XTZ, BCH, APT and XLM as digital commodities. A potential Regulation Crypto proposal would not automatically expand that list, but it could clarify routes for ETFs, staking products and structured products tied to assets already treated as commodities.
If approved, the primary upside would be improved regulatory clarity, potentially encouraging new project formation and bringing more traditional financial activity on-chain. Still, SEC rules would not carry the permanence of legislation and could face legal challenges, meaning any proposal would be a meaningful step—but not a substitute for the CLARITY Act.