General information only. CryptoRegHub provides summaries for informational purposes and does not constitute legal or compliance advice. Always verify with official sources and consult qualified legal counsel before making compliance decisions.
CryptoRegHub provides plain-English summaries of crypto regulations for informational purposes only. This does not constitute legal, compliance, or financial advice. Regulations change frequently — always verify information with official sources and consult qualified legal counsel before making any compliance decisions.
The Digital Asset Market Clarity Act of 2025 (H.R. 3633) was passed by the US House of Representatives on 17 July 2025 by a bipartisan 294-134 vote, as part of "Crypto Week" alongside the GENIUS Act. The CLARITY Act would resolve the longstanding jurisdictional dispute between the SEC and CFTC over digital assets by classifying most crypto assets as "digital commodities" under CFTC jurisdiction and creating new registration regimes for digital commodity exchanges, brokers and dealers. Bitcoin, Ether, Solana and XRP have been identified as digital commodities in related guidance. The bill currently sits with the Senate, where two committees (Banking and Agriculture) have been developing their own draft frameworks. The Senate Agriculture Committee released the "Digital Commodity Intermediaries Act" in January 2026 and a markup was scheduled for 29 January 2026. As of April 2026, the Senate has not yet passed the bill — reconciliation between the House CLARITY Act and Senate drafts is ongoing. The SEC and CFTC signed a joint Memorandum of Understanding on 11 March 2026 and issued a landmark Joint Interpretation on 17 March 2026 establishing a token taxonomy that pre-empts many of the CLARITY Act's classification questions.
If enacted, would apply to: (1) Digital commodity exchanges — platforms bringing together buyers and sellers of digital commodities. (2) Digital commodity brokers — firms dealing in digital commodities as agent. (3) Digital commodity dealers — firms dealing as principal. (4) Issuers of digital assets seeking to make public offerings or transition from investment contract asset to digital commodity status. (5) DeFi protocols — scope remains subject to negotiation but controlled protocols are likely in scope.
Key provisions of the House-passed CLARITY Act: (1) CFTC receives exclusive jurisdiction over spot markets for "digital commodities" — assets whose blockchain system is "mature" (sufficiently decentralised). (2) SEC retains jurisdiction over "investment contract assets" where a centralised promoter's efforts drive value. (3) New registration regime for digital commodity exchanges, brokers and dealers under CFTC. (4) Expedited registration and provisional status available during rulemaking transition. (5) Token issuers may file a "maturity notice" with the SEC to transition from SEC to CFTC jurisdiction over a maximum 4-year period. (6) Joint SEC-CFTC rulemakings required for mixed digital asset transactions, portfolio margining, and conflicts of interest. (7) All rules and regulations must be promulgated no later than 18 months after enactment.
Always refer to official sources to confirm current requirements. CryptoRegHub summaries are for general guidance only.
Large fines, licence revocation, or criminal referral risk
This summary is for general informational purposes only and does not constitute legal advice. Always verify with official sources and consult qualified legal counsel.