La promulgación de la ley sobre la estructura del mercado de criptomonedas en EE. UU. y su impacto en la adopción institucional: una posición estratégica para el flujo de capital a largo plazo en el sector de activos digitales

The U.S. Digital Asset Market Clarity Act of 2025 (H.R. 3633), passed by the House in July 2025 and now under Senate review, represents a watershed moment in the evolution of digital asset markets. By delineating regulatory roles between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), the Act has created a framework that balances innovation with oversight. This legislative clarity has catalyzed institutional adoption, reshaping capital flows and strategic positioning in the digital asset sector.

Regulatory Clarity: A Catalyst for Institutional Confidence

The CLARITY Act's core provision assigns the CFTC exclusive jurisdiction over digital commodity spot markets, while the SEC retains authority over investment contracts according to the bill text. This division resolves long-standing jurisdictional disputes and provides a stable regulatory environment for market participants. For instance, the Act explicitly excludes payment stablecoins from its definition of digital commodities, placing their oversight under federal banking regulators like the Office of the Comptroller of the Currency (OCC) as detailed in analysis. This alignment with the GENIUS Act-passed in July 2025- ensures stablecoin stability, a critical factor for institutional adoption.

The repeal of SAB 121, a prior accounting rule that hindered banks from offering crypto custody services, further illustrates the Act's impact. As stated by a report from Fireblocks, this change has enabled banks to treat digital assets as risk-based assets, fostering innovation in custody solutions and unlocking institutional participation.

. The result is a regulatory environment where institutions can engage with digital assets without fear of conflicting obligations, a prerequisite for sustained capital inflows.

Institutional Strategies: From Custody to Tokenization

Institutional adoption has accelerated post-CLARITY Act, with major banks and asset managers repositioning their portfolios. JPMorgan, Citi, and UBS, for example, have launched custody services and tokenized deposit platforms, leveraging blockchain technology to enhance liquidity and transparency. The Act's emphasis on anti-money laundering (AML) and know-your-customer (KYC) compliance, consistent with the Bank Secrecy Act, has further legitimized these initiatives.

A notable case study is Bitmine Immersion Technologies, which adopted an Ethereum-first strategy, accumulating 3.8 million ETH and pioneering the "Treasury-as-Yield" model by staking holdings for active returns. Similarly, the "MicroStrategy Playbook"-converting cash reserves into digital assets to hedge against currency debasement- has become a mainstream approach among corporations. These strategies underscore a shift from speculative trading to strategic allocation, driven by regulatory certainty.

The rise of spot Bitcoin exchange-traded products (ETPs) also highlights institutional confidence. As of November 2025, BlackRock's IBIT alone held $70 billion in assets under management (AUM), capturing 59% of the U.S. Bitcoin ETF market. Fidelity's FBTC and Grayscale's GBTC followed with $17 billion and $15.5 billion in AUM, respectively. These figures reflect a broader trend: institutional investors now view digital assets as a core component of diversified portfolios.

Capital Inflows and Market Dynamics

The CLARITY Act's impact is evident in macroeconomic trends. The global crypto market cap surged to $4 trillion in 2025, with institutional capital inflows accounting for 24.5% of the U.S. Bitcoin ETF market's $103 billion AUM. This growth is further amplified by the tokenization of real-world assets. For example, tokenized U.S. Treasuries reached $8 billion in AUM by December 2025, demonstrating how blockchain technology is redefining traditional asset classes.

The U.S. retirement market, with over $43 trillion in assets, is now positioned to allocate a small percentage to crypto, potentially unlocking $3 trillion to $4 trillion in institutional demand. This shift is supported by the Act's provisions for self-custody and joint rulemaking between the SEC and CFTC, which ensure consistent standards across the digital asset landscape.

Strategic Positioning for 2026 and Beyond

As the Senate finalizes its version of the CLARITY Act, institutions are strategically positioning themselves to capitalize on emerging opportunities. Banks are expanding custody offerings, while asset managers are developing tokenized funds to diversify exposure. The Office of the Comptroller of the Currency's conditional approval of five national trust bank charters for digital asset entities-such as Circle and Ripple-further signals a regulatory green light.

Looking ahead, the convergence of regulatory clarity, technological innovation, and macroeconomic demand will likely drive further institutional adoption. As noted by Chainalysis, the CLARITY Act and global frameworks like the EU's MiCA regulation are creating a harmonized environment where digital assets can coexist with traditional finance. This alignment is critical for long-term capital inflows, as institutions seek stable, scalable, and compliant avenues for growth.

Conclusion

The U.S. Digital Asset Market Clarity Act of 2025 has redefined the institutional landscape for digital assets. By establishing clear regulatory boundaries and fostering innovation, the Act has enabled a strategic shift from speculative trading to long-term allocation. With institutional AUM in Bitcoin ETFs surpassing $100 billion and tokenized assets gaining traction, the stage is set for sustained capital inflows. As the Senate finalizes the legislation, the focus will remain on maintaining this momentum while addressing potential challenges, such as dual regulation by the SEC and CFTC. For investors, the message is clear: digital assets are no longer a niche market but a cornerstone of modern portfolio strategy.