
The SEC postponed its crypto rulemaking meeting over Clarity Act concerns. The Senate vote is next month; the rulemaking phase could take close to a year.
The U.S. Securities and Exchange Commission scrapped a planned open meeting that had been set to advance its Reg Crypto rulemaking and unveil the first part of a repeatedly delayed innovation exemption. The SEC announced the cancellation late Thursday and said it would reschedule at a later date.
The meeting had been announced early last week. Commissioners were to discuss a proposal that would let companies raise money by issuing tokens and eventually exit SEC jurisdiction if they begin issuing their own digital assets, the SEC said. Industry sources told CoinDesk the agency also planned to present at least part of an innovation exemption, addressing how security token issuers can handle underlying securities.
People familiar with the situation told CoinDesk the pause reflects concerns at the White House and among lawmakers that SEC action would further complicate negotiations over the Digital Asset Market Clarity Act. The Senate is expected to hold its first vote on the legislation next month. CoinDesk also reported that the SEC is holding off on the innovation exemption indefinitely.
Earlier this month, once it became clear the Clarity Act would not get a vote before the Senate's August recess, industry participants argued that regulators could act if Congress did not. Regulatory actions can be challenged in court and are easier for a subsequent administration to undo than legislation, they said at the time. That argument assumed the SEC and the Commodity Futures Trading Commission would actually finalize rules before a future administration could reverse them.
The formal rulemaking process means a public comment period and revised proposals before any final rule, then an implementation period for companies to become compliant. One industry source told CoinDesk the rulemaking phase alone could take close to a year, with another year for implementation. That timeline puts any final framework within range of the next presidential administration, which can undo agency rules far more easily than legislation.
The Senate's first vote on the Clarity Act is expected next month.
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