SEC Prepares Independent Crypto Regulation as CLARITY Act Faces Senate Delays

The US Securities and Exchange Commission (SEC) is preparing its own rulemaking path for crypto regulation due to delays in the CLARITY Act. SEC Chair Paul Atkins has stated that the agency can use existing powers to address regulatory gaps if Congress fails to act.

Atkins previously emphasized that the SEC and Commodity Futures Trading Commission (CFTC) can 'fill in the gaps' without a new law, allowing regulators to 'make do with our authority' while lawmakers continue negotiations. This position places agency rulemaking behind the SEC's broader Regulation Crypto Assets plan.

The SEC is working on its Regulation Crypto Assets framework, introduced by Atkins in March as a token taxonomy and guidance for when an investment contract ends. The plan also proposes exemptions that could give crypto projects a defined route for raising capital.