
SEC votes Aug. 14 on Regulation Crypto for token fundraising. Senate cloture vote on CLARITY Act set for Sept. 15. CFTC says it will move ahead with or without Congress.
The Securities and Exchange Commission plans to vote Friday on a proposal that would give crypto companies a lighter path to raise money without full securities registration. The meeting lands as the Digital Asset Market Clarity Act, a bipartisan bill that cleared the House last year, remains stuck in the Senate. Majority Leader John Thune filed a procedural motion just before the August recess, setting a cloture vote for Sept. 15.
The gap between regulators moving ahead and Congress grinding slowly has become the central tension in U.S. crypto policy. The SEC’s Aug. 14 agenda has one item: a proposed framework, sometimes called Regulation Crypto, for investment contracts tied to digital assets. The rule would create an exemption similar to those used by smaller businesses in other industries, allowing startups to raise capital without registering the tokens as securities.
It would also establish a path for tokens to shed their securities status once the underlying network becomes decentralized enough that no single company or team remains in control. That question has been a legal fault line since the SEC began enforcement actions against token issuers years ago.
SEC Chair Paul Atkins has separately signaled the agency is close to unveiling an “innovation exemption” that could allow tokenized versions of stocks to trade around the clock on blockchain platforms. The scope and timing of that proposal are not yet public.
The CLARITY Act would reach further than any single agency rule. It would divide oversight of crypto markets between the SEC and the Commodity Futures Trading Commission. Most established tokens, including Bitcoin and Ethereum, would fall under CFTC authority as commodities. The SEC would keep authority over securities offerings and fundraising where a company expects profits from others’ work.
The cloture motion Thune filed requires 60 votes simply to end debate. It does not pass the bill. According to analysis from JD Supra, sticking points include ethics rules for public officials involved in crypto, protections for software developers, and banking industry concerns that crypto rewards programs could siphon deposits from traditional banks.
The Senate returns Sept. 14, one day before the scheduled cloture vote, then disappears for most of October ahead of the Nov. 3 midterm elections. That creates a tight window for the bill to move, even if it survives the initial procedural hurdle.
Supporters argue the division would give exchanges, custodians, and token issuers a clear rulebook instead of forcing them to guess which regulator might act. Detractors, including many Democrats, say the regulation is not strict enough and leaves loopholes.
CFTC Chairman Michael Selig has stressed that his agency already has proposed rules prepared and intends to move forward whether or not Congress passes the Clarity Act, according to the JD Supra analysis. Selig said he and Atkins are prepared to write joint rules defining which agency controls which corner of the crypto market, an effort officials call Project Crypto.
That coordination matters because one of the industry’s longest-running complaints has been the regulatory uncertainty over whether the SEC or CFTC controls a particular token or trading platform.
For crypto startups, the Aug. 14 vote could unlock a faster, cheaper route to raising money in the United States rather than moving overseas. For investors in tokenized stocks, the SEC’s coming exemption could eventually mean trading stock-linked tokens beyond traditional market hours.
For banks and traditional finance companies, the pressure runs in another direction. Industry groups like banking coalitions have fought crypto reward programs that resemble interest payments, fearing yield-bearing crypto products could drain deposits from conventional savings accounts. Lean fintech banks and charters with little allegiance to the old guard are ready to service clients demanding those rewards.
The SEC’s Aug. 14 meeting is the first concrete test of how aggressively the agency will use its existing authority. The Senate’s Sept. 15 cloture vote will reveal whether the Clarity Act has enough support to survive its first serious test since clearing the House.
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