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Senate CLARITY Act failure shifts crypto rules to SEC, CFTC

Published 18 September 2026

The U.S. Senate's failure to advance the CLARITY Act on September 15 has shifted the immediate future of cryptocurrency regulation from Congress to federal agencies, while the market for tokenized stocks continues to show growth. The procedural vote, which fell 11 votes short of the 60 needed to open debate, leaves the industry without a comprehensive federal framework and creates uncertainty about the respective roles of the Securities and Exchange Commission and the Commodity Futures Trading Commission. The market reacted sharply to the setback, with the total crypto market capitalization dropping by approximately $100 billion, or 3.34%, in one of the largest single-day corrections in recent months. In the wake of the vote, the SEC moved quickly to establish a pathway for digital assets. The agency introduced an "Innovation Exemption" allowing qualifying "Tokenized Securities Venues" to trade tokenized U.S. stocks on permissionless blockchains without registering as national exchanges.

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