Former CFTC Chairman Chris Giancarlo said delaying the Digital Asset Market Clarity Act could hurt banks more than crypto companies, because crypto firms can always move to other countries if the rules are unclear, while banks remain stuck.
According to Coinbase Chief Legal Officer Paul Grewal, in an interview, lawmakers may soon find a compromise on the stablecoin rewards issue, but the bill must still pass through the Senate for a final vote.
Banks face more risk because the Clarity Act has stalled
Chris Giancarlo said financial institutions need the Clarity Act more than people think because crypto companies will continue to expand and thrive outside the U.S., while banks lack the same freedom.
Countries like the United Arab Emirates and Singapore have favorable laws for digital assets and blockchain companies, attracting crypto companies to relocate their offices, teams, and operations overseas when U.S. rules are slow or unclear.
However, as Giancarlo put it, banks are “trapped” in the system because they must follow strict financial laws, capital and lending rules, and many other regulations that vary by country. So, moving to another country requires new licenses, approvals, systems, and customers, which is extremely difficult and expensive.
This situation makes the Clarity Act especially important for banks because, unlike crypto companies that operate online and can operate in other favorable countries, banks must wait for clear laws to avoid risks. The only problem is that the longer they wait, the more they fall behind in blockchain technology as the rest of the world moves on without them.
Similarly, banks are well aware of the potential that blockchain technology carries for the future of payments, settlements, loans, asset trading, identity systems, and many other financial services. This is one of the main reasons the financial institutions don’t want to be left out of the equation.
However, they need clear rules before they can adopt new technology, and if crypto companies can offer these financial services but banks can’t, customers will slowly move their deposits to crypto platforms. As a result, financial institutions will lose business opportunities and customers over time, leading to lower revenue and growth.
Regulation delays slow big investors from using digital assets
The stablecoin dispute between banks and crypto companies is the main reason the Clarity Act hasn’t been passed to date, because on the one hand, banks say that stablecoins interest rates will push people to move their deposits from banks to crypto exchanges.
On the other hand, crypto companies argue that banning rewards will kill competition, as users want options, and such a restriction will definitely limit innovation.
They also say users continue to keep their money in bank accounts alongside stablecoins without discarding traditional banking entirely, so there’s no clear evidence of a deposit flight.
The dispute has led big investors, including pension funds, hedge funds, and mutual funds, to hold back on investing in digital assets due to the lack of clear rules, creating both risk and opportunities for investors.
If the Clarity Act continues to stall, bank stocks will face immense pressure, as investors will take note of the missed growth opportunities in digital asset finance. At the same time, institutional adoption will explode overseas as crypto firms continue to grow and institutional investors move their money outside the U.S.
Representatives from the crypto and banking sectors will meet with legislative staffers on Thursday and Friday to review updated compromise language on stablecoin yield rules in the market structure bill.
The compromise, led by Senators Angela Alsobrooks (D-Md.) and Thom Tillis (R-N.C.), was first shared with industry stakeholders last week. It prohibits yield based solely on stablecoin holdings but permits payouts tied to specific activities—a point that raised concerns within the crypto sector.
Investors are closely watching the regulatory process and looking for opportunities to invest in banks that successfully implement blockchain within companies, take advantage of overseas crypto expansion, or invest in new blockchain technology infrastructure.
While the negotiations are in progress, Coinbase Chief Legal Officer Paul Grewal said lawmakers could soon reach a compromise that will end months of delay. Still, the law will need to pass through the Senate to become a full legal framework.
Until then, banks will remain vulnerable due to ongoing uncertainty, while crypto companies continue to expand their global operations.