Digital Asset Clarity: ACA Webinar Breaks Down SEC and CFTC Moves

The ACA’s August 14, 2025, webinar unpacked the SEC and CFTC’s evolving position on digital assets under the CLARITY Act and EO 14178. Key takeaways? Guidance isn’t law, so courts may vary on tokenization risks (e.g., are certain crypto projects inadvertently creating securities swaps). State AGs might step in as the federal antagonism wanes, raising preemption issues.

For blockchain startups and funds, compliance with SEC, CFTC, and state rules is critical. What was true in 2013 and 2018 remains true in 2025 and beyond. Taking an asset with a known definition under federal or state law does not magically deregulate that asset because it was placed on-chain. For example, Tokenizing LP interests to increase ease of transfers does not eviscerate publicly traded partnership rules under the tax code. Fiduciary duties (e.g., Reg BI) demand vigilance.

Sabal Law PLLC’s regulator perspective helps FinTech and blockchain clients navigate this shifting landscape. We represent founders, GPs, and LPs, offering alternative fee structures to incubate emerging managers and non-U.S. fund managers seeking ERA status. Schedule a Consultation to stay compliant and capitalize on digital asset opportunities!