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Home » International regulation » The CLARITY Act and the Legal Future of Stablecoin Yield

Author

Picture of Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms is a business lawyer and founder of the Blockchain Arbitration & Commerce Society (BACS), an initiative focused on the development of legal infrastructure for the digital economy.

His work centers on how legal systems interact with emerging technologies such as blockchain, digital assets and artificial intelligence, with a particular focus on cross-border structures, dispute resolution and legal enforceability.

He has been involved in the structuring of digital and blockchain-related projects across multiple jurisdictions, providing him with a practical perspective on how these systems operate and where they face limitations.

Through BACS, he develops frameworks and proposals aimed at bridging the gap between law and technology, contributing to the evolution of legal systems in digital environments.

He is the author of Bitcoin Digital Law, where he explores blockchain as an emerging form of digital legal order and analyzes its implications for traditional legal frameworks.

Home » International regulation » The CLARITY Act and the Legal Future of Stablecoin Yield
9 de May de 2026

The CLARITY Act and the Legal Future of Stablecoin Yield

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The recent compromise reached within the Digital Asset Market Clarity Act may become one of the most important legal turning points in the evolution of the digital economy.

After months of political deadlock, Senators Thom Tillis and Angela Alsobrooks introduced new compromise language addressing the most controversial issue surrounding the bill: stablecoin yield.

The proposal prohibits firms from offering yield on stablecoin balances when that yield is “economically or functionally equivalent” to a traditional bank deposit. However, it preserves rewards programs linked to “bona fide activities or transactions.”

At first glance, this may appear to be a technical regulatory adjustment.

In reality, it represents something much deeper:

the legal definition of how states intend to integrate digital monetary systems into the architecture of the global financial order.

The Real Conflict Was Never About Yield

For months, the stablecoin yield debate has reflected a broader structural conflict between the traditional banking system and the emerging blockchain economy.

Banks understood the risk immediately.

If companies issuing digital dollars could freely offer interest-bearing products on-chain without becoming regulated banks, the monopoly over deposits would begin to weaken.

This was not simply a crypto issue.

It was a monetary sovereignty issue.

Stablecoins such as USDC or USDT already function as digital representations of dollars circulating globally through Internet-native infrastructure. Combined with blockchain payment rails, self-custody, tokenized assets, and decentralized finance, they create an alternative settlement layer operating outside much of the traditional banking architecture.

The core concern from regulators and banking lobbyists was therefore clear:

could stablecoin issuers effectively become shadow banks?

The compromise text attempts to answer this question by drawing a legal distinction between:

  • prohibited deposit-equivalent yield;
  • and permitted blockchain-native incentive mechanisms.

This distinction is now becoming foundational for the future of digital finance.

The Emergence of a Separate Monetary Category

The compromise language implicitly recognizes something historically important:

stablecoins are not being treated purely as securities, commodities, or traditional bank deposits.

Instead, they are evolving toward their own independent legal category.

This is a major shift.

For years, regulators attempted to force digital assets into pre-existing legal classifications developed for the industrial financial system of the twentieth century.

But blockchain systems operate differently.

A stablecoin is simultaneously:

  • a payment instrument;
  • a programmable digital asset;
  • a settlement mechanism;
  • and, increasingly, an infrastructure layer for Internet commerce.

The CLARITY compromise reflects the growing realization that digital monetary systems cannot be fully understood using only traditional banking concepts.

This is precisely where the broader concept of Internet Jurisdiction begins to emerge.

As developed in Bitcoin Digital Law, blockchain networks are not merely creating new assets. They are creating new forms of legal and economic coordination native to the Internet itself.

The law is slowly adapting to this reality.

The Institutionalization of Digital Dollars

The compromise also confirms another major trend:

the United States is no longer attempting to suppress stablecoins.

It is attempting to integrate them.

This is a crucial distinction.

For several years, parts of the crypto industry believed that the future of blockchain would necessarily involve confrontation with states and financial institutions.

However, the evolution of the market suggests a different path.

Instead of eliminating digital assets, the United States appears increasingly focused on absorbing blockchain infrastructure into the global dollar system.

This process is already visible across multiple developments:

  • spot Bitcoin ETFs;
  • tokenized treasury products;
  • regulated custody infrastructure;
  • banking integration with digital assets;
  • and stablecoin regulation itself.

Under this model, blockchain becomes part of the expansion mechanism of dollar dominance rather than its replacement.

Stablecoins effectively transform the dollar into an Internet-native monetary instrument.

This is one of the most strategically important developments in global finance.

Why the Yield Distinction Matters

The specific legal distinction introduced by the compromise may shape the future structure of on-chain finance for years.

The prohibition against “deposit-equivalent” yield seeks to preserve the traditional role of banks in deposit creation and interest-bearing savings products.

At the same time, the preservation of transaction-based rewards leaves open a large space for blockchain-native economic activity.

This means that:

  • payment incentives;
  • liquidity rewards;
  • protocol participation mechanisms;
  • tokenized commerce incentives;
  • and certain forms of decentralized finance

may continue developing under a legally tolerated framework.

The result is a hybrid system where:

  • banks retain control over regulated deposit structures;
  • while blockchain networks continue innovating around programmable financial activity.

This is not the destruction of traditional finance.

It is its transformation.

The Legal Future of Blockchain Infrastructure

The CLARITY Act still faces multiple political stages before becoming law:

  • Senate Banking markup;
  • Senate floor approval;
  • reconciliation with House legislation;
  • and Presidential signature.

Nevertheless, the compromise itself already signals a broader direction.

The legal debate has fundamentally changed.

The question is no longer whether blockchain finance will exist.

The question is how it will be integrated into global legal and monetary systems.

This transition creates new challenges that go beyond regulation alone.

As digital financial infrastructure expands, blockchain ecosystems will increasingly require:

  • enforceable legal standards;
  • cross-border dispute resolution systems;
  • token enforcement mechanisms;
  • and institutional frameworks capable of operating across Internet-native markets.

This is precisely where organizations such as Blockchain Arbitration & Commerce Society (BACS) become increasingly relevant.

The next phase of blockchain evolution is no longer purely technical.

It is legal.

The future of digital finance will not depend only on code execution, but also on the creation of legal systems capable of governing Internet-native economic activity at global scale.

In that sense, the CLARITY compromise is not simply a political agreement about stablecoin yield.

It is part of the gradual construction of the legal architecture of the digital economy.

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If you wish to submit your publication, please email info@bacsociety.com or use the form.

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