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Impact of FIT21 Approval on Cryptocurrency Regulation

May 31, 2024

Following its approval by the House, the Financial Innovation and Technology for the 21st Century Act (FIT21) ushers in significant implications for cryptocurrency regulation championed by Senator Patrick McHenry. The imminent decision rests with the Senate concerning the bill's fate on cryptocurrency governance.

FIT21 proposes the potential regulation of most cryptocurrencies by the Commodity Futures Trading Commission (CFTC) based on their classification as commodities, with the SEC maintaining oversight for those lacking decentralization. The CFTC's regulatory stance is perceived favorably within the cryptocurrency sector.

The absence of a specific deadline pressures the Senate, comprising 48 Democrats and 49 Republicans, to determine the future of FIT21. The bill necessitates the backing of at least 51 senators for approval. Despite collaborative efforts between Senator McHenry and Representative Maxine Waters on stablecoin regulation, they foresee the need for its integration into broader legislative packages for Senate consent.

The dissent from the SEC and President Joe Biden toward FIT21 underscores the exigency for Senate deliberation on the bill, emphasizing the flexibility in decision-making timelines.

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