Crypto researcher SMQKE (@SMQKEDQG) recently highlighted something the market may be underestimating. While the CLARITY Act’s Senate defeat generated significant headlines, major crypto firms had already begun securing an alternative route to federal legitimacy.
The OCC has granted conditional approval to Ripple and a number of firms to operate as national trust banks. SMQKE noted that “receiving approval for an OCC charter would provide Ripple with federal recognition under the banking regulatory system.” He added, “Ripple’s technology would gain an additional path for adoption in the case of stalled legislation.”
The CLARITY Act Falls Short in the Senate
On September 15, the Senate voted 49-50 against advancing the CLARITY Act. The bill needed 60 votes to clear cloture. It received zero Democratic support. The sticking point was ethics language related to the Trump family’s crypto holdings, not the substance of the market structure framework itself.
The bill technically remains on the Senate calendar. With midterm elections consuming the legislative calendar, a second attempt faces severe time constraints.
The OCC rules allow Ripple to move forward WITHOUT the Clarity Act. ✅ https://t.co/qIBD1EQLd5
— SMQKE (@SMQKEDQG) October 22, 2026
The SEC and CFTC Step Into the Gap
Both agencies moved quickly after the Senate vote. SEC Chairman Paul Atkins stated the agency would “act decisively within the SEC’s statutory authority.” The SEC had already proposed Regulation Crypto Assets on August 18, establishing a registration framework with two exemptions and a conditional safe harbor for token offerings. The public comment period closed October 20 with Ripple filing its official comment letter on that day.
The CFTC followed two days after the Senate vote, submitting its own rulemaking proposal to the White House Office of Information and Regulatory Affairs. CFTC Chair Michael Selig confirmed the agency would establish a crypto market structure regime using its existing authority.
Both agencies are building on the joint SEC/CFTC interpretive release from March 2026, which established multiple asset categories, and listed XRP as a digital commodity.
What the OCC Charter Means for Ripple Now
SMQKE referenced a key passage from Fintech Weekly’s analysis: “If it does not pass at all, the OCC charter becomes the primary vehicle for federal legitimacy, and the stablecoin yield question gets resolved through a future rulemaking rather than legislation.”
Firms like Circle, Ripple, and Coinbase pursued both routes simultaneously. They lobbied for the CLARITY Act while also filing for OCC charters. Ripple does not need the CLARITY Act to move forward. Federal recognition through the OCC, combined with emerging SEC and CFTC rulemaking, gives the industry a functional regulatory path. Legislative clarity would have been the cleaner solution but the industry is not waiting for it.
Disclaimer: This content is meant to inform and should not be considered financial advice. The views expressed in this article may include the author’s personal opinions and do not represent Times Tabloid’s opinion. Readers are advised to conduct thorough research before making any investment decisions. Any action taken by the reader is strictly at their own risk. Times Tabloid is not responsible for any financial losses.
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