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What does the clarity law mean for decentralized finance?
The Clarity Act is considered the most advanced attempt so far to settle the biggest unresolved issue in the American cryptocurrency world: Are digital tokens subject to the U.S. Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC)?
The law classifies decentralized digital commodities under the jurisdiction of the Commodity Futures Trading Commission.
It resolves the long-standing ambiguity by establishing a activity-based standard: sufficiently decentralized assets fall under the oversight of the CFTC as digital commodities, removing the ongoing Hovey test burden that negatively impacted institutional participation.
Specifically for decentralized finance, the situation is complex.
One provision of the Clarity Act exempts non-controlling developers from being treated as financial services companies, but an amendment to another provision could keep them vulnerable to being classified as securities brokers.
A separate clause outlines how to handle trading platforms that claim to be part of decentralized finance but are not truly decentralized.
These provisions will require careful attention from protocol developers as the bill approaches final voting.