Former U.S. Securities and Exchange Commission official Anne Kelly has said the agency does not need to wait for Congress to pass the CLARITY Act before beginning rulemaking for digital assets. In a post on X, Kelly emphasized that the SEC can initiate rulemaking proactively, and if the CLARITY Act is later enacted, its provisions can be incorporated through additional rule proposals.
The CLARITY Act aims to clarify the regulatory status of digital assets and determine which are securities or commodities, with oversight assigned to the SEC or CFTC. Even if the bill passed immediately, it would take several months for the SEC and CFTC to draft detailed implementation rules. Kelly’s remarks highlight a pragmatic approach: regulators can begin now to ensure a smoother transition once the law is finalized.
Meanwhile, the SEC’s tokenization innovation exemption plan has been delayed again, according to crypto reporter Eleanor Terrett. The delay is believed to stem from ongoing negotiations related to the CLARITY Act’s tokenization provisions. The agency also cancelled a public meeting scheduled for Friday that was meant to address proposed rules under 'Regulation Crypto Assets'.
These mixed signals leave stakeholders awaiting more definitive timelines. While proactive rulemaking could offer earlier compliance clarity and reduce uncertainty for businesses and investors, the postponed meeting and exemption delay add a layer of uncertainty that may influence trader sentiment and market volatility.
