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Bernstein Expects ‘Aggressive’ Rulemaking from SEC, CFTC, Following CLARITY Act Failure

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September 16, 2026
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CLARITY Act possibilities sink under 20% as Senate’s path to 60 votes narrows



Bernstein analysts anticipate “aggressive and swift” rulemaking from the US Securities and Trade Fee (SEC) and Commodity Futures Buying and selling Fee (CFTC), after the Digital Asset Market Readability (CLARITY) Act didn’t go a Senate cloture vote on Tuesday.

Bernstein analysts mentioned the regulatory businesses will publish new rules to “make up for the time misplaced negotiating the CLARITY Act,” in a Wednesday observe shared with Cointelegraph.

The analysts mentioned they anticipate company rules together with token taxonomy for elevating capital, developer safety measures regarding decentralized finance and self-custodial protocols, innovation exemptions for fairness tokenization, quicker approval instances for real-world asset perpetual futures, and amendments to guidelines round federal sports activities even contracts and their classification as swaps.

Bernstein mentioned that these federal businesses will deliver extra regulatory readability for the trade, to compensate for the failure of the CLARITY Act, which might have “fool-proofed the trade in opposition to political regime shifts.” 

On Tuesday, the US Senate failed to go a cloture movement on the CLARITY Act, which might have established the nation’s first regulatory framework for digital property. Bernstein’s analysts mentioned {that a} re-vote of the act was unlikely, citing a restricted time window and issues over the invoice’s ethics provisions.

On Aug. 19, the SEC proposed new guidelines to create a “clear and fit-for-purpose framework for sure funding contracts involving crypto property,” permitting entities to boost capital whereas preserving investor protections. The proposed guidelines provide crypto corporations exemptions permitting the issuance of as much as $5 million in tokens throughout 4 years and as much as $75 million throughout 12 months, in addition to a secure harbor exempting cryptocurrencies from being handled as ”funding contracts.”

On July 27, SEC Chair Paul Atkins informed CNBC that the company was “prepared, keen, and capable of come out with guidelines“ on digital property if the Senate didn’t go the CLARITY Act. 

Associated: Deutsche Financial institution awaits regulatory nod to launch institutional crypto custody options

Cointelegraph is dedicated to impartial, clear journalism. This information article is produced in accordance with Cointelegraph’s Editorial Coverage and goals to offer correct and well timed data. Readers are inspired to confirm data independently.
Tags: ActAggressiveBernsteinCFTCClarityExpectsFailureRulemakingSEC

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