U.S. Senate: Key Changes in the Context of Virtual Assets

U.S. Senate: Key Changes in the Context of Virtual Assets

The U.S. reveals an updated draft law on crypto market structure: new rules for staking, airdrops, DeFi, and developer protection.

In a new turn of cryptocurrency regulation, the United States Senate has presented an updated version of the draft law on the structure of the crypto market. This is one of the most detailed initiatives that could reshape the face of the crypto industry not only in the U.S. but also set the tone for global regulatory practices. The document has already been hailed as a potential foundation for the legislative recognition of key Web3, DeFi, and digital asset concepts.

The updated draft, comprising 182 pages, was published by the Senate Banking Committee and proposes a systematic yet flexible model for digital asset regulation. This step is a logical continuation of previous initiatives (in particular, the CLARITY Act) but with a much broader vision and consideration of new technological trends.

🔍 What does the bill propose?

✅ Staking and airdrops — not always “securities”

According to the new version, staking rewards will not automatically be classified as securities if certain conditions are not violated. This is a radical departure from the SEC’s approach in the Ethereum 2.0 case and other platforms.

Moreover, airdrops receive a special status: they are not considered investment activity if not accompanied by financial expectations or obligations. This opens new avenues for token marketing and distribution without the risk of falling under securities market regulation.

✅ Developer protection: a response to the Tornado Cash case

The new draft law introduces a clear distinction between software developers and financial intermediaries. This is particularly relevant against the backdrop of the case involving Roman Storm, the Tornado Cash developer who is currently under prosecution in the U.S.

The bill ensures that a person who creates or maintains decentralized code cannot be held liable for users’ actions if they are not directly involved in financial operations.

✅ DeFi and DePIN — part of the system

For the first time in U.S. legislation, special attention is given to Decentralized Physical Infrastructure Networks (DePIN) and Decentralized Finance (DeFi). This could lay the legal groundwork for the growth of projects that operate without centralized operators.

✅ Coordination between the SEC and CFTC

The bill proposes the creation of a joint working group between the SEC and CFTC to coordinate actions. This is a response to the longstanding conflict between the agencies, which have interpreted crypto assets differently.

💡 Why is this important for the global market?

This bill potentially addresses one of the main problems of the U.S. crypto industry — uncertainty and overly strict regulation, which has stifled innovation and led to a “brain drain” to Europe, Canada, or offshore jurisdictions.

It not only attempts to balance innovation and consumer protection but also signals to global players the possibility of restoring trust in the U.S. as a jurisdiction for crypto business.

💼 How FINANCEIQ HUB LTD helps crypto companies today

Amid changes in the U.S. and Europe, FINANCEIQ HUB LTD offers key licensing and legal solutions that allow companies to operate legally, safely, and with full access to banking infrastructure.

✅ Registration and acquisition of a U.S. MSB license (FinCEN)

Given the new bill, the MSB (Money Services Business) license in the U.S. is becoming even more relevant. This is an official authorization for cryptocurrency processing, exchange, money transfers, and other financial services, registered with FinCEN (Financial Crimes Enforcement Network).

With an MSB license:

• you operate legally in the United States;
• you ensure transparent reporting and minimize risks from the SEC/CFTC;
• you gain access to financial partners, banks, and payment providers in the U.S. and internationally.

🛠 We support you from document preparation to obtaining MSB status with FinCEN, as well as provide annual support and compliance services.

📩 Contact us today to start the process of obtaining your U.S. MSB license.