Claridad en la regulación de las criptomonedas en los Estados Unidos y estabilidad del mercado: ¿Cómo podría la Ley CLARITY facilitar los flujos de capital institucional?

The U.S. crypto market has long been a battleground for regulatory ambiguity, with overlapping jurisdictions between the SEC and CFTC creating uncertainty for investors and innovators alike. In 2025, the CLARITY Act (H.R.3633) emerged as a pivotal legislative effort to resolve this chaos. By establishing a clear framework for digital assets and defining jurisdictional boundaries, the Act aims to reduce legal risk and attract institutional capital-a critical step in stabilizing the market and fostering innovation.

A Framework for Clarity

The CLARITY Act categorizes digital assets into three distinct classes: digital commodities, investment contract assets, and permitted payment stablecoins. Digital commodities, tied to blockchain functionality, fall under CFTC oversight for spot markets, while investment contracts (meeting the Howey test) remain under SEC jurisdiction. Permitted payment stablecoins, used for transactions rather than capital raising, are excluded from the digital commodity definition, preserving existing regulatory frameworks. This tripartite structure eliminates the "regulatory whack-a-mole" problem, where projects faced inconsistent enforcement actions from multiple agencies.

The Senate's bipartisan discussion draft, part of the Responsible Financial Innovation Act (RFIA), builds on this foundation by refining definitions like "digital asset" and "Ancillary Asset". However, it omits provisions for expedited registration and provisional status during rulemaking, which critics argue could slow market entry for new players. Despite these differences, both the House and Senate versions signal a shared commitment to reducing ambiguity-a prerequisite for institutional adoption.

Reducing Legal Uncertainty

Legal uncertainty has been a major barrier to institutional investment in crypto. Before the CLARITY Act, projects like decentralized finance (DeFi) platforms operated in a gray area, with the SEC's enforcement actions creating a chilling effect on innovation. By assigning clear regulatory responsibilities, the Act provides a "safe harbor" for compliant businesses. For example, exchanges registered under CFTC rules must implement robust governance structures, including board oversight and risk management systems. These requirements, while stringent, offer predictability-a key factor for institutions evaluating long-term risk.

The Act also mandates consumer protections, such as disclosure requirements and conflict-of-interest rules, which further bolster trust. As stated by Arnold & Porter in an August 2025 analysis, "The CLARITY Act's structured approach is designed to foster innovation while protecting investors-a balance that has eluded the sector for years".

Unlocking Institutional Capital Flows

Regulatory clarity directly correlates with institutional participation. In 2025, the GENIUS Act-another legislative milestone- standardized stablecoin backing to Treasuries and money market funds, effectively eliminating the risk of yield-based instability. This move coincided with Ethereum's 50% price surge in July 2025, as institutional investors flocked to a more predictable environment.

Data from WisdomTree's November 2025 report highlights the broader trend: nearly half of surveyed institutional investors cited the U.S. regulatory environment as a key factor in increasing their digital asset allocations. Similarly, Amundi's research notes that banks are now offering custody services, tokenized deposits, and settlement platforms, signaling crypto's integration into traditional finance.

Historical parallels reinforce this pattern. The EU's MiCA regulation, implemented in 2025, created a similar "on-ramp" for institutional capital by establishing clear licensing and compliance rules. As Bloomberg's Paul Hastings team observes, "Regulatory frameworks are no longer a hindrance but a catalyst for capital flows in crypto".

Challenges and the Road Ahead

While the CLARITY Act marks progress, challenges remain. The Senate Banking Committee, led by Tim Scott, faces debates over DeFi's regulatory treatment and potential conflicts of interest. Finalizing the bill by January 15, 2026, as planned, is uncertain. However, the mere existence of a legislative pathway has already shifted market sentiment.

For institutions, the CLARITY Act and complementary measures like the GENIUS Act represent a "green light" to deploy capital with confidence. As the U.S. competes globally for crypto leadership, regulatory clarity will be the linchpin of market stability and growth.