May 2026 will likely go down in the history of financial markets as one of the most important months for the future of digital assets. After the U.S. House of Representatives overwhelmingly approved the CLARITY Act last July by a vote of 294 to 134, investors’ attention definitively shifted to the Senate. It is precisely in these days that preparations are culminating for a key vote that may once and for all end the years-long regulatory fog in the United States.

The end of jurisdictional disputes: Division of power between the SEC and CFTC

At the core of the new legislation, mainly associated with Senator Cynthia Lummis, is a clear division of market oversight. The long-standing dispute between the SEC and CFTC regulators is receiving specific rules. The CFTC gains exclusive jurisdiction over spot digital commodities, while the SEC retains oversight over assets that meet the strict criteria of the Howey test as securities.

For the market, however, the transitional framework is particularly revolutionary. It allows crypto projects to gradually move from strict SEC regulation to CFTC oversight after they demonstrate a sufficient degree of decentralization. This mechanism removes the legal deadlock in which many innovative altcoins have so far found themselves and opens a legal path for them toward growth and institutional adoption.

A revolution in stablecoins

An analysis by the CoinGecko platform points to a fundamental shift in the stablecoin segment. The CLARITY Act introduces a compromise that resolves the long-standing conflict between traditional banking and crypto firms. The law prohibits so-called “lazy yield” – meaning passive interest merely for holding stablecoins, which protects the deposit base of banks.

On the other hand, however, the legislation allows yields tied to real activity, such as staking, providing liquidity, or participating in trading. This model encourages the active use of digital dollars in the economy instead of their passive accumulation, which should ultimately increase the efficiency of the entire ecosystem.

Institutional catalyst and RWA tokenization

For institutional investors, the law represents a potentially significant step brings the stability they have been waiting for years. Clearly defined rules for exchanges, brokers, and custodians create an environment in which a lower level of risk does not have to fear sudden regulatory interventions. This framework is critically important especially for the emerging sector of real-world asset tokenization (RWA). Legal certainty in the area of custody and transfer of tokenized securities or real estate may attract capital into the crypto sphere in volumes that have not previously been technically possible.

May markup

Despite the optimistic outlook, the process is not without risks even in May 2026. Analysts from Galaxy Research warn that if the markup in the Senate does not take place by the middle of this month, the chances of final approval before the elections will drop sharply. The contentious point remains the degree of regulation of the DeFi sector, which the law seeks to address only partially, while political pressure for stricter restrictions remains present.

For Bitcoin and assets similar to it, the CLARITY Act means definitive calm and the status of a digital commodity. For the rest of the market, it is a promise of clear licensing rules and the end of the era of “regulation through lawsuits.” The coming days will therefore show whether the USA will use this chance to strengthen its position as a leader in digital assets.