Everyone Is Waiting on the CLARITY Act. Here’s Why.

Everyone in crypto is waiting to see what happens with the CLARITY Act.

Why? Because for years, digital asset companies in the U.S. have operated without clear rules around whether a digital asset falls under SEC oversight, CFTC oversight, or something in between.

The CLARITY Act is Congress’s latest attempt to create a formal market structure framework for digital assets in the United States.

That ambiguity regarding when a digital asset falls under securities law and when it should be regarded as something else entirely has influenced various aspects, including token launches, exchange listings, and institutional participation. In many cases, regulation has emerged through enforcement actions or consequences, rather than clearly defined statutory rules.

The Digital Asset Market Clarity Act of 2025 (CLARITY Act), H.R. 3633, is Congress’s latest effort to address that problem. As of May 2026, the legislation has advanced through committee review, moved closer to a Senate floor vote, signaling growing momentum behind a federal framework for digital asset markets.(U.S. Senate Banking Committee; Congress.gov).

At its core, the bill creates a federal market structure for digital assets, dividing oversight between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) while establishing new compliance pathways for market participants (Congress.gov; Congressional Research Service).

The bill is more nuanced than many online discussions make it seem. It does not simply label digital assets as commodities. Instead, it sets up a system to decide how different assets should be regulated as they change and develop.

The CLARITY Act Splits Oversight Between the SEC and CFTC

The central objective of the CLARITY Act is to define who regulates what.

Under the bill, the SEC would continue overseeing investment-related crypto activity, including token sales that function similarly to traditional fundraising or securities offerings.

The CFTC, meanwhile, would gain broader authority over digital commodities and the markets where those assets are traded.

That distinction matters because crypto regulation in the U.S. has long been unclear. In many cases, companies have operated without certainty over whether a digital asset would be treated as a security, a commodity, or something else entirely.

The CLARITY Act aims to create more predictable rules. Instead of relying primarily on enforcement actions to determine regulatory jurisdiction, the bill outlines clearer categories and pathways for how digital assets may be treated. Congressional analysis of the proposal suggests the framework is intended to reduce ambiguity around agency oversight while creating more defined compliance expectations for market participants (Congress.gov; Congressional Research Service).

For enterprises and institutional participants, this could reduce uncertainty around areas like listings, custody, market access, and compliance requirements.

A New Legal Category: “Digital Commodity”

One of the bill’s most important features is the creation of a legal category called a digital commodity.

Under the Act, a digital commodity is defined as a digital asset whose value is intrinsically linked to the use and functioning of a blockchain system.

The definition is also notable for what it excludes: securities, derivatives, and stablecoins do not qualify as digital commodities under the bill. Certain payment stablecoins are treated separately under a distinct regulatory framework rather than falling within the digital commodity category.

That distinction could have major regulatory consequences. If an asset meets the bill’s definition, it may fall under a clearer framework overseen by the CFTC instead of remaining stuck in years of legal uncertainty.

Why does classification matter?

Because regulation shapes how an asset can be traded, where it can be listed, what disclosures may be required, and how businesses are allowed to interact with it.

More broadly, the CLARITY Act moves away from treating all digital assets the same. Instead, it proposes different regulatory treatment depending on an asset’s structure, purpose, and role in the market.

The Bill Introduces a “Mature Blockchain” Framework

Perhaps the most consequential and misunderstood aspect of the CLARITY Act is its concept of a mature blockchain system.

In public discussion, crypto regulation is often simplified into a binary assumption: If a network becomes decentralized, its token becomes a commodity.

The congressional version of the CLARITY Act takes a more structured approach.

The bill outlines how regulators may determine when a blockchain network has become sufficiently mature and is no longer controlled by a single company or coordinated group. Regulators would look at factors such as:

How distributed control is

How broadly participation and ownership are spread

Whether the asset’s value depends primarily on the blockchain network itself.

The bill does not automatically give a blockchain network a new regulatory status. Instead, it creates a certification process for determining whether a blockchain system satisfies maturity standards rather than providing an automatic transition outside SEC oversight (Congress.gov; Congressional Research Service).

That distinction matters because a project would not be able to launch a token, claim it is mature, and immediately move outside SEC oversight. The legislation lays out specific standards, disclosures, and review processes for how an asset’s regulatory classification may change.

For token issuers, this creates both opportunity and responsibility. A clearer path may reduce regulatory uncertainty, but it also raises expectations around transparency and compliance.

Securities Law Still Applies to Token Fundraising

Some commentary has suggested the CLARITY Act is removing securities requirements for token launches. In practice, the bill does not provide a blanket exemption. Instead, the bill would create a new Securities Act exemption for certain digital commodity issuers tied to a blockchain system, provided issuers meet the framework’s requirements, including initial and ongoing disclosure obligations (Congress.gov; Congressional Research Service).

To use that exemption, issuers must meet several conditions, including:

Filing an offering statement

Meeting disclosure requirements

Satisfying compliance obligations

Staying within a fundraising cap of up to $75 million over a 12-month period (Congress.gov; Congressional Research Service).

The exemption is conditional rather than permanent.

If a blockchain system ultimately fails to satisfy maturity requirements, the SEC retains the authority to impose additional obligations.

That structure shows a real effort to find a good balance between raising capital and protecting investors. It seems like Congress is moving towards creating a more regulated, smoother process for token fundraising, rather than completely excluding it from securities laws.

Separating the Token From the Investment Contract

Another major legal clarification in the bill concerns the distinction between the fundraising transaction and the asset itself.

Historically, one of the most contested questions in U.S. crypto regulation has been whether a token sold through a securities transaction remains a security indefinitely. The CLARITY Act takes a more differentiated approach by separating the investment contract from the digital asset itself, a distinction that could impact how issuers, exchanges, and secondary markets assess regulatory treatment (Congress.gov; Congressional Research Service).

The legislation distinguishes between:

The investment contract: the fundraising arrangement itself

and

The digital asset: the blockchain-based asset that may later circulate independently.

Under the bill, a token sold as part of an investment contract may become what the legislation describes as an investment contract asset without automatically remaining a security in perpetuity.

In practical terms, the bill suggests that how a token is sold does not necessarily determine how it must always be regulated.

That clarification could have significant implications for exchanges, secondary markets, and institutional market participants evaluating asset listings and compliance exposure.

New Rules for Crypto Intermediaries

The CLARITY Act also introduces registration and compliance requirements for centralized market participants.

That includes entities involved in digital commodity markets, such as:

Exchanges

Brokers

Dealers

Trading venues

The legislation creates compliance pathways for intermediaries participating in digital commodity activity and, under specified conditions, allows certain SEC-registered entities to participate in secondary digital commodity markets.

For the industry, this points to a shift toward a more formal market structure, much like what exists in other regulated financial sectors.

Greater transparency, clear registration rules, and better oversight could make it easier for larger firms to get involved, especially those that have been hesitant because of unclear laws.

What Still Needs to Happen for the CLARITY Act to Become Law

The CLARITY Act has advanced further than many prior digital asset bills, but it’s not law yet. After passing the House and advancing out of the Senate Banking Committee in May 2026, the legislation moved to the Senate floor, but still faces several procedural hurdles before taking effect (U.S. Senate Banking Committee).

The next step is for the full Senate to review the bill. Since lawmakers can suggest changes or amendments, the Senate version might look a bit different from the one passed by the House. If that happens, Congress will need to resolve the differences and agree on the same legislative text before the bill can move forward.

Once Congress approves a final version, the bill goes to the President, who may sign it into law or veto it. If vetoed, Congress can attempt an override. Even after enactment, implementation would likely occur gradually as agencies, including the SEC and CFTC, develop rules, guidance, and operational frameworks for compliance and oversight.

For those involved in the market, this means any regulatory changes will likely happen gradually, rather than all at once (Congress.gov).

Why the CLARITY Act Matters

At its core, the CLARITY Act is a market structure bill. Its goal is to create clearer rules for how digital asset markets operate in the United States.

The bill does not resolve every crypto regulatory question. It does not hand broad authority from the SEC to the CFTC, and it does not remove securities laws from token fundraising. Stablecoins also remain outside the bill’s definition of a digital commodity, and any shift in regulatory treatment would still depend on meeting specific requirements.

What the legislation does offer is a more defined framework.

If enacted, the bill would draw clearer lines between when the SEC or CFTC oversees a digital asset. It would also create a process for certain blockchain-based assets to qualify as digital commodities, establish compliance expectations for trading platforms and intermediaries, and provide more structure around how digital asset markets function.

For crypto companies, that could mean less legal uncertainty around token launches, listings, and product development.

For enterprises, fintech firms, and institutional participants, the implications are broader. Clearer market structure rules can shape how organizations think about compliance risk, custody models, participation in digital asset markets, and long-term infrastructure investment.

The CLARITY Act is less about deregulation and more about creating a clearer framework for how digital assets fit within the U.S. financial system.

While the outcome of the legislation is still unfolding, the bill signals a broader shift toward more formal market structure rules for digital assets in the United States.

We’ll continue following developments as the legislation advances, so follow us on X.

Sources:

U.S. Senate Banking Committee. Chairman Scott: Senate Banking Committee Advances CLARITY Act in Historic Bipartisan Vote. May 14, 2026.

Congressional Research Service. Legal Sidebar: The Digital Asset Market Clarity Act of 2025 (H.R. 3633). Accessed May 2026.

Congress.gov. H.R. 3633 — Digital Asset Market Clarity Act of 2025 (CLARITY Act). Available at: Congress.gov — H.R. 3633 CLARITY Act Text.