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SEC’s new crypto rules mark shift from “inapt” to clear guidelines

SEC proposes clearer crypto rules after Senate fails to advance CLARITY Act

  • SEC Commissioner Hester Peirce praised the agency’s new crypto proposal as a shift from “inapt” rules to clearer, enforceable guidelines.
  • SEC Chairman Paul Atkins stated the prior enforcement-heavy approach drove investment offshore and limited investor protections.
  • The SEC proposed a framework for crypto investment contracts after the Senate failed to advance the CLARITY Act.
  • Galaxy Digital reduced the odds of the CLARITY Act passing in 2026 to 10%.

The Securities and Exchange Commission’s new regulatory proposal marks a significant step toward clearer and more enforceable digital asset regulations, according to Commissioner Hester M. Peirce in a statement on Tuesday. A “whole generation has struggled with the SEC’s insistence” on applying “a set of inapt rules to crypto,” but the new guidelines move toward “putting clear, sensible, enforceable rules in place for crypto offerings,” Peirce said.

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SEC Chairman Paul S. Atkins also praised the initiative, stating that the agency’s prior enforcement-heavy approach has “driven investment offshore, limiting the type of protections that we can provide investors here,” according to a separate statement. In a Tuesday notice, the SEC proposed new rules to create a “clear and fit-for-purpose framework for certain investment contracts involving crypto assets,” allowing entities to raise capital while preserving investor protections.

The proposal came days after the US Senate failed to advance the Digital Asset Market Clarity (CLARITY) Act. On July 27, Atkins told CNBC the agency was “ready, willing, and able to come out with rules” on digital assets if the Senate failed to pass the legislation.

Meanwhile, Galaxy Digital has cut its odds on the CLARITY Act’s chances of passing in 2026 to 10%. The firm warned that multiple political issues remain unresolved and the Senate will have only about two to three weeks to pass it when it reconvenes on Sept. 14.

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