CLARITY Act Sets Agency Roles, Leaves Back-Office Work Open

The CLARITY Act would establish a regulatory framework for digital assets and allocate responsibilities between the Commodity Futures Trading Commission and the Securities and Exchange Commission. Its provisions address registration, oversight, recordkeeping, and custody in specified areas, but they do not prescribe how firms should reconcile activity or modernize legacy operational processes.
Jurisdictional clarity and operational readiness are different problems. H.R. 3633, introduced by Chairman French Hill on May 29, 2025, would establish a comprehensive market-structure framework for digital assets.
Under Section 401, the CFTC would receive exclusive regulatory jurisdiction over digital commodity cash or spot transactions that occur on or with digital commodity exchanges, brokers, and dealers required to register with the agency. The bill also provides for an expedited CFTC registration process for those entities.
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