As the Senate Banking Committee prepares for the markup of the anticipated crypto market structure bill, known as the CLARITY Act, an updated draft has been released following extensive negotiations.
This new version aims to provide a clearer regulatory framework for digital assets, defining oversight responsibilities between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).
Major Takeaways From The Crypto Bill’s Draft
The latest draft released on Monday night, includes critical provisions recognized as gains for the industry. Notably, Paul Barron, a market expert, pointed out that the bill now defines “Custodial and Ancillary Staking Services” as a recognized activity, emphasizing that such services are considered “administrative or ministerial.”
As a result, registered intermediaries will be allowed to facilitate staking for customers while ensuring that individual assets are segregated from the platform’s own funds. However, assets can be pooled with others for efficiency, such as through an omnibus account.
The bill also reinforces the existing status quo concerning anti-money laundering (AML) and know-your-customer (KYC) regulations. Exchanges and brokers will still be required to comply with the Bank Secrecy Act, perform KYC checks, and monitor for any illicit financial activities.
Key wins for consumers include an explicit right to self-custody. Section 105(c) of the bill grants US individuals the right to maintain a hardware or software wallet for their own lawful custody of digital assets.
Additionally, this section protects the ability to engage in direct peer-to-peer (P2P) transactions using self-custody wallets without the need for financial intermediaries.
Furthermore, the legislation aims to safeguard wallet developers. Section 109 ensures that non-controlling blockchain developers or providers of hardware or software facilitating customer custody will not be classified as money transmitters.
This provision of the crypto market structure bill protects developers of wallets, such as those from Ledger, Tangem, and MetaMask, from being regulated as financial institutions solely based on their coding efforts.
Critical Insights On DeFi Provisions
Another significant aspect of the bill is its provisions regarding decentralized finance. The Act establishes exclusions that help protect DeFi protocols and developers from being classified as centralized exchanges (CEXs) or brokers.
Specifically, Section 309 states that individuals will not be subject to the Securities Exchange Act solely for activities such as developing DeFi trading protocols, publishing user interfaces for blockchain systems, or operating nodes.
For consumers using DeFi products and protocols, the Act creates a legal “safe harbor,” allowing continued use of decentralized finance without the imposition of forced intermediaries. However, it is important to note that this does not provide immunity for any illicit financial activities.
Pro-crypto Senator Cynthia Lummis, who led the Republican Party’s negotiations to achieve the best possible results for digital asset growth in the country, sent the following message to her Democratic colleagues on social media:
After months of hard work, we have bipartisan text ready for Thursday’s markup. I urge my Democrat colleagues: don’t retreat from our progress. The Digital Asset Market Clarity Act will provide the clarity needed to keep innovation in the U.S. & protect consumers. Let’s do this!
As for the crypto bill’s likelihood of passing, Barron suggests a medium-high probability, estimating a 60-70% chance it could become law in early 2026.
However, the expert asserted that the outcome may hinge on either removing or softening the “Anti-CBDC” provisions or making concessions to banks regarding stablecoin reserves to meet the Senate threshold.
Featured image from DALL-E, chart from TradingView.com
