
The SEC could advance crypto rules without the CLARITY Act, ETF expert Nate Geraci said, as the agency holds a meeting Friday to consider a tailored offering framework for digital assets.
The SEC could push through crypto rules without waiting for the CLARITY Act, said ETF expert Nate Geraci. He pointed to the agency's ability to use existing laws more aggressively under a President Donald Trump administration.
“Politics aside… It’s ironic that Congress failing to pass the CLARITY Act will result in President Trump’s SEC doing pretty much whatever they want within existing laws to fast-track crypto industry,” Geraci wrote on X.
A new administration might later undo some of those changes, Geraci said. But he added that the crypto industry's rapid pace could make it difficult to reverse course.
“But crypto moves at warp speed. Might be too late at that point,” Geraci wrote.
The SEC is not waiting for Congress. The agency has scheduled an open meeting for Friday to discuss a proposed rule that would create a “tailored offering” framework for crypto investment contracts. The proposal is part of the SEC's broader Regulation Crypto Assets initiative, or “Reg Crypto,” led by Chair Paul Atkins.
The meeting, hosted by the SEC's Division of Corporation Finance, starts at 10:00 AM ET and will be streamed live. If the commission approves the proposal for further consideration, it would offer an alternative to traditional securities registration for certain crypto asset offerings.
Atkins has previously said the SEC is ready to act on crypto regulation without Congress.
“We’re ready, willing and able to come out with rules that address the same issues in the Clarity Act and other aspects of the crypto market,” Atkins said.
Brett W. Redfearn, President of Securitize, echoed that call.
“No more waiting there for Congress to pass the Clarity Act! It’s time for the agencies to act,” Redfearn said.
The CLARITY Act itself has stalled in the Senate since before the August recess. Majority Leader John Thune has filed a cloture motion, but the Senate will not return until September. The bill needs 60 votes to advance. Prediction markets give it only a 20% chance of passing in 2026.
Geraci's comments highlight a growing tension between legislative gridlock and regulatory momentum. The SEC's Friday meeting could be the first step in a new framework that bypasses the need for congressional action. The proposal would likely include an innovation exemption for tokenized securities, a category that has seen rising volumes in 2025.
If the SEC moves ahead, the crypto industry could face a more favorable regulatory environment under Trump than under a future administration that might try to unwind the rules. The speed of regulatory change, Geraci said, could make any reversal impractical.
The cloture vote on the CLARITY Act is scheduled for September 15.
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