
- Expectations that regulators could step in if the Clarity Act fails to advance are now also weakening.
- The U.S. Securities and Exchange Commission unexpectedly canceled an open meeting scheduled for last Friday, where commissioners were expected to discuss the proposed Reg Crypto rules and potentially unveil part of the agency’s long-delayed innovation exemption. The decision appears to have been influenced by the Clarity Act.
Crypto rules remain in limbo
- The SEC had announced earlier that commissioners would meet publicly to consider Reg Crypto, a proposed framework outlining how companies could raise capital through token offerings and potentially move certain digital assets beyond the agency’s oversight.
- Industry sources had also indicated that the SEC was preparing to release at least part of its innovation exemption. The measure was expected to provide greater clarity for issuers of tokenized securities dealing with the underlying assets.
- Neither initiative moved forward.
Why the delay matters
- Earlier this month, it became apparent that the Digital Asset Market Clarity Act would likely not receive a Senate vote before the August recess. Some crypto industry participants therefore suggested that regulators could act in Congress’ absence.
- Such regulatory action, however, would be less permanent than legislation. SEC or CFTC rules could face legal challenges or be changed by a future administration, while a law passed by Congress would generally be more difficult to reverse.
Timing could become a major obstacle
- For regulators to fill the legislative gap, the SEC and CFTC would need to complete their rulemaking processes before a future administration could reconsider the policies.
- That timetable is now uncertain. The SEC announced late Thursday that it had canceled the meeting and would reschedule it at a later date.
- The agency has also reportedly delayed its innovation exemption indefinitely.
- Sources familiar with the matter told CoinDesk that concerns surrounding the Clarity Act played a role in the postponement. The White House and lawmakers are reportedly concerned that separate SEC action could complicate negotiations over the legislation ahead of the Senate’s expected first vote next month.
- If the delay persists, the SEC may not resume significant action until Congress returns from its next break in early October.
- Even after that, finalizing new regulations would likely take considerable time. The SEC must collect public comments, review responses, publish revised proposals and approve final rules before companies enter the compliance phase.
- One industry source estimated that the rulemaking process could take nearly a year, with implementation requiring another year. That schedule could extend into the next presidential administration, leaving any finalized framework vulnerable to future changes or reversal.






