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CLARITY Act

6 articles

Thought Leadership

SEC Innovation Exemption and Token Safe Harbor: A Founder's Guide to Regulation Crypto Assets (Updated October 2026)

On August 18, 2026 the Commission proposed Regulation Crypto Assets—a 401-page proposing release creating a new 17 C.F.R. part 228, with a $5 million startup exemption, a two-tier fundraising exemption, an investment contract safe harbor, and blue-sky preemption through section 18(b)(3). It was published in the Federal Register on August 21, 2026, and comments are due October 20, 2026. What founders can use now, what changed, and where the rule is still exposed.

July 18, 2026 · 49 min readRead More →
Thought Leadership

Ethereum Staking Regulation in 2026: What Institutions Can Rely On, and What Only Congress Can Settle

Ethereum staking went from enforcement target to regulated-product feature in three years. But everything institutions now build on is rescindable guidance—and that durability gap is what the CLARITY Act is actually for.

July 16, 2026 · 14 min readRead More →
Legal Update

The CLARITY Act (H.R. 3633) Explained: How It Would Split SEC and CFTC Jurisdiction

The CLARITY Act—H.R. 3633, the Digital Asset Market Clarity Act of 2025—passed the House and is now before the Senate. It would give the CFTC authority over digital commodities, including spot markets, and turn on a "mature blockchain" test rather than a named Bitcoin/Ether carve-out. Here is what the actual bill says, and what it does not.

June 14, 2026 · 13 min readRead More →
Thought Leadership

The DeFi Decentralization Test Under CLARITY: A Mechanics Guide to Section 309's Control-Surface Analysis

Section 309 protects specified DeFi activities—but the exemption is activity-based, not token-based, and protocols claiming it must survive a seven-control-surface verification their counsel are mostly not building.

May 20, 2026 · 49 min readRead More →
Regulatory Alert

The CLARITY Act Exchange Registration Roadmap: A 180-Day Compliance Calendar for Centralized Exchanges, Brokers, and Dealers

With H.R. 3633 awaiting a Senate cloture vote set for September 15, 2026, U.S. exchanges face two registrations, not one—and a 90-day compliance clock that starts the moment the CFTC adopts its expedited-registration process, after which operating unregistered is barred. Here is the operational calendar.

May 20, 2026 · 47 min readRead More →
Client Guide

The Stablecoin Issuer's Dual-Framework Roadmap: How GENIUS Act PPSI Compliance Interacts with the Pending CLARITY Act Yield Compromise

The GENIUS Act is law, effective January 18, 2027 unless final rules come first. The CLARITY Act's Tillis-Alsobrooks yield provision is not law, and it binds the exchanges and wallets that distribute a coin, not the issuer. Stablecoin issuers building rewards products need a dual-framework architecture that survives both regimes—and the Senate floor fight that opens September 15, 2026.

May 20, 2026 · 58 min readRead More →
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