Clarity Act Still Faces Long Road Despite Senate Progress, Jefferies Says

The Clarity Act is widely considered the crypto industry’s most important market structure bill because it would establish clear rules for when digital assets are regulated as securities by the Securities and Exchange Commission (SEC) or as commodities by the Commodity Futures Trading Commission (CFTC), replacing years of regulatory uncertainty.

Supporters say legal clarity would make it easier for banks, asset managers and other institutions to launch tokenized products, custody services and blockchain-based financial offerings, potentially unlocking broader institutional adoption and investment in the sector.

According to Jefferies, approval would provide the durable regulatory framework that banks, asset managers and exchanges need to expand tokenization, custody, staking, lending and other blockchain-based services. The bank also hopes to accelerate tokenized securities and expand cryptocurrency exchange-traded fund (ETF) offerings beyond bitcoin. and ether (ETH), and revive the crypto infrastructure IPO portfolio.

However, a delay would widen regulatory uncertainty. While recent guidance from the SEC, CFTC and OCC has brightened the outlook, the report says future administrations may reverse the agencies’ actions, which could lead regulated financial institutions to curb blockchain initiatives while reassessing legal and compliance risks.

Analysts at the bank expect the legislative process to drive volatility in cryptocurrency-linked stocks, including Circle (CRCL), Coinbase (COIN), and CoinDesk owner Bullish (BLSH), as well as select crypto tokens.

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