After Clarity Act stalls in Senate, SEC and CFTC may shape 2027 crypto rules

Motley Fool

The Senate voted Sept. 15 not to advance the Clarity Act, though another attempt remains possible after the Nov. 3 election. If it does not pass, The Motley Fool says SEC and CFTC rulemaking is the likeliest path for crypto regulation in 2027.

On March 17, the SEC and CFTC issued joint guidance categorizing 16 cryptocurrencies, including Ethereum, Solana and XRP, as digital commodities rather than securities; the article says this lowers legal risk for banks and supports crypto ETFs. The SEC proposed its Regulation Crypto Assets (RCA) framework for token offerings on Aug. 18; public comments are open through Oct. 20, and a final version could arrive in 2027.

Prediction markets cited by the article gave the bill a 6% chance of passing before 2027, though another attempt could occur in the post-election lame-duck session. All Democrats present and four Republicans voted against advancing it; the article links Democratic opposition to an impasse over ethics rules for officials profiting from crypto ventures, including restrictions affecting President Donald Trump. It also sees a 2027 bull-market transition as likelier if macro conditions do not deteriorate.

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