SEC Chairman: Will clarify on-chain financing rules within statutory authority

Paul Atkins, the Chairman of the U.S. Securities and Exchange Commission (SEC), stated that although the CLARITY Act was not passed by Congress, the SEC will still clarify on-chain financing rules within its statutory authority. The U.S. Senate failed to advance the CLARITY Act on September 15 with a vote of 49 to 50, not reaching the required threshold of 60 votes. Atkins has not disclosed what form the relevant guidance will take, whether it will be an exemption, a registration path, or in the form of staff guidance.

The SEC previously paved the way for tokenized stocks on September 17 and released nine frequently asked questions on September 25, explaining the impact of commitments by token issuers on the determination of securities. Commissioner Hester Peirce will leave office on October 2, at which point the SEC will only have Atkins and Mark Uyeda remaining as sitting commissioners.