CLARITY Act Setback Fails to Slow U.S. Push Into Tokenized Markets
The U.S. Senate’s failure to advance the CLARITY Act has not stopped regulators and major financial institutions from pushing digital-asset infrastructure further into traditional markets.
The Senate rejected a motion to advance the crypto market-structure bill on a 49-50 procedural vote on Sept. 15, falling short of the 60 votes needed to move it forward. The setback followed disagreements over ethics provisions and concerns from parts of the banking industry about stablecoin yields and competition for deposits.
But in the weeks that followed, the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Depository Trust & Clearing Corporation (DTCC) and major financial institutions continued advancing initiatives around tokenized securities, custody, trading and blockchain-based market infrastructure.
The result is a market moving on two tracks: comprehensive legislation remains unresolved, while regulators and private-sector institutions continue building within existing rules, exemptions and regulatory frameworks.
The CLARITY Act Stalled, But the Market Did Not
The Sept. 15 vote was a setback for the Digital Asset Market Clarity Act, but it was not a final up-or-down rejection of the bill itself.
The legislation was unable to clear the procedural hurdle needed to proceed in the Senate, leaving the broader question of how U.S. digital-asset markets should be regulated unresolved.
Among the issues complicating its progress were provisions concerning the crypto holdings and activities of government officials, as well as concerns from the banking sector over stablecoin rewards and the potential effect on traditional deposits.
While lawmakers remain divided over the legislative framework, agencies and financial institutions have continued to develop pieces of the infrastructure that such legislation would ultimately govern.
SEC Opens a Path for Tokenized Stocks
One of the clearest moves came from the SEC.
On Sept. 17, the agency issued an Innovation Exemption establishing a temporary, five-year pathway for qualifying Tokenized Securities Venues to facilitate on-chain trading of tokenized U.S. stocks.
The framework applies to tokenized versions of real securities and requires the underlying securities to retain their associated shareholder rights. It also includes conditions around issuer participation, trading volumes and listings.
Synthetic tokens that merely track the value of a stock without representing the underlying security are excluded.
That distinction is significant.
The development is not simply about putting a digital representation of a stock onto a blockchain. It establishes a regulatory framework for venues seeking to connect blockchain-based trading with the legal rights and obligations attached to conventional securities.
Companies are also given an opportunity to object to third-party tokenization of their securities under the framework.
DTCC Is Bringing Tokenization Into Market Infrastructure
The tokenization push is also moving deeper into the plumbing of traditional financial markets.
The Depository Trust & Clearing Corporation is preparing to commercially launch its Tokenization Service, following production pilot trades involving tokenized securities held through DTC infrastructure in July.
The planned service is expected to cover highly liquid assets, including Russell 1000 constituents, major exchange-traded funds and U.S. Treasuries under existing regulatory relief.
Rather than replacing traditional securities infrastructure outright, the model is designed to create digital representations of assets already held within the existing system.
That gives institutions a way to use blockchain-based infrastructure while maintaining the underlying traditional ownership and entitlement framework.
The scale is significant. DTCC’s planned service is designed to cover assets representing roughly $114 trillion.
Financial Institutions Are Building the Rails
The institutional push is extending beyond securities infrastructure.
Circle’s Arc blockchain launched its mainnet in September with founding validators that included BlackRock, DTCC, Visa and Mastercard, among others.
The participation of asset-management, market-infrastructure and payments companies puts traditional financial institutions directly into the infrastructure layer of blockchain markets.
Another development came on Sept. 23, when Blockchain.com and NYSE Group announced a memorandum of understanding that could eventually allow Blockchain.com users to access tokenized U.S. stocks and ETFs through NYSE’s planned digital trading venue.
The arrangement is subject to regulatory approvals and the launch of the proposed platform. Blockchain.com has reported more than 44 million accounts.
The significance is less about these products being immediately available and more about where the experiments are taking place: increasingly within established financial institutions and market infrastructure.
CFTC Moves Along a Parallel Track
The tokenization push is not limited to the SEC’s securities jurisdiction.
The Commodity Futures Trading Commission has also moved to accommodate blockchain-based representations of assets already permitted under its existing framework.
Updated guidance allows customer funds to be invested in eligible tokenized forms of already-permitted assets where the tokenized form preserves equivalent legal and economic rights. The agency has also addressed the use of blockchain for certain recordkeeping functions.
CFTC Chairman statements have further emphasized preparations for broader tokenization of financial markets, including the possibility of markets operating on more continuous schedules.
Together with the SEC’s Innovation Exemption, those moves show regulators working within their existing authorities while Congress remains divided over a comprehensive market-structure framework.
Crypto Products Are Expanding, Too
The developments are not limited to tokenized stocks.
On Oct. 2, the SEC approved Cboe BZX listing rules for 3x leveraged Bitcoin and Ether exchange-traded products, alongside comparable commodity products.
The approval does not mean the products were immediately trading. Their actual launch still requires effective registration.
Meanwhile, U.S. spot Bitcoin ETFs recorded roughly $3 billion in net inflows across a late-September streak of consecutive trading sessions, reversing earlier outflows and bringing 2026 year-to-date flows back into positive territory.
The flows do not establish that investors ignored the CLARITY Act setback because of the regulatory developments. But they show that the legislative setback did not coincide with an immediate collapse in demand for regulated crypto investment products.
Traditional Markets Are Moving Toward Longer Trading Hours
Another development is happening outside tokenization itself.
U.S. equity exchanges are targeting expanded overnight trading beginning in December, with sessions expected to run roughly from 9 p.m. to 4 a.m. Eastern Time.
The planned expansion would move traditional equities toward nearly 23 hours of trading on weekdays, supported by expanded market-data infrastructure.
It does not make U.S. stocks fully 24/7.
But it reflects a broader shift toward markets that accommodate investors across time zones and increasingly resemble the continuous accessibility that has long characterized crypto markets.
The Pushback Has Not Disappeared
The movement toward tokenization and crypto integration is not happening without resistance.
The Independent Community Bankers of America has sued the Office of the Comptroller of the Currency over rules facilitating national trust bank charters for crypto-related firms.
The banking group argues that the OCC exceeded its statutory authority and that such charters do not provide the same protections associated with traditional banks.
The dispute highlights one of the central tensions surrounding the U.S. digital-asset transition.
Regulators and financial institutions are experimenting with new infrastructure, while banks and other stakeholders continue challenging the scope of the regulatory authority being used to accommodate crypto businesses.
The CLARITY Act was intended to provide broader statutory clarity around the structure of U.S. digital-asset markets.
That legislative effort has stalled, but the market infrastructure being built around it has not.
Instead, the SEC and CFTC are using exemptions, guidance and proposed rules, while institutions such as DTCC, exchanges, asset managers and payment networks are developing systems for tokenized assets, blockchain settlement and digital trading.
That creates a two-track environment: congress is still working through the rules. Regulators and financial institutions are already building within the rules that exist.
For the U.S. digital-asset market, the immediate question is therefore no longer whether tokenization will be tested. It is how far the infrastructure can develop before Congress resolves the underlying questions of market structure, regulatory jurisdiction and the role of banks and crypto-native firms.
The CLARITY Act may have stalled. The push to put traditional financial markets on blockchain has not.





