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US crypto licensing after the 2026 midterms: the CLARITY Act, the GENIUS Act and state licences

By Harry Khan, Founder · Published 12 November 2026 · Last reviewed 12 November 2026

Summary
  • Democrats won control of both the House and the Senate in the 3 November 2026 elections; the new Congress convenes in January 2027.
  • The CLARITY Act, the market structure bill that would split crypto oversight between the SEC and CFTC, did not advance: a Senate cloture vote on 15 September 2026 was rejected 49 to 50.
  • The GENIUS Act is already law: it and the OCC's final rule take effect on 18 January 2027, whatever happens to new legislation.
  • Exchanges, wallets and crypto payment firms still need state money transmitter licences, a New York BitLicense or trust charter for New York, and FinCEN money services business registration.
  • Firms waiting for a single federal crypto licence have no date to plan around; firms that file state applications now keep their timetable.

The short answer

The 2026 midterms change the outlook for new federal crypto legislation, but they do not change the licences a crypto business needs today. Democrats won control of both chambers of Congress on 3 November 2026, and the new Congress convenes in January 2027. The market structure bill known as the CLARITY Act had already stalled in the Senate in September, and a bill not passed by the end of this Congress has to be introduced again in the next one.

Two things are fixed. The GENIUS Act, the federal stablecoin law signed on 18 July 2025, takes effect on 18 January 2027 together with the OCC's final rule. And the state licensing system, money transmitter licences in most states and the BitLicense in New York, continues to govern exchanges, custodial wallets and crypto payment firms. For founders deciding whether to wait for Washington, the practical answer is to plan on the state route.

What is fixed and what is open

ItemPosition at November 2026
GENIUS Act (stablecoins)Law since 18 July 2025; takes effect 18 January 2027
OCC GENIUS Act ruleFinal rule issued 21 October 2026; takes effect 18 January 2027
OCC applications from stablecoin issuersWindow to be announced separately
FinCEN and OFAC AML and sanctions rule for issuersProposed April 2026; final rule pending
CLARITY Act (market structure)Passed the House in July 2025; Senate cloture rejected 15 September 2026
State money transmitter licencesUnchanged; required state by state
New York BitLicenseUnchanged; 23 NYCRR Part 200
FinCEN MSB registrationUnchanged; renewed every two years

The CLARITY Act after the Senate vote

The Digital Asset Market Clarity Act (H.R. 3633) would set up a federal system for digital commodities, with the CFTC overseeing spot markets in those assets and the SEC keeping investment contracts. It passed the House in July 2025. On 15 September 2026 the Senate voted on cloture on the motion to proceed to the bill, the step needed to bring it to the floor. The roll call shows 49 in favour and 50 against, short of the 60 needed.

The current Congress ends in January 2027. Unless the bill passes in the remaining weeks, a market structure bill would need to be introduced again in the new Congress, where committee chairs and priorities change. Firms should treat a federal market structure licence as a possibility without a date, not as a route to plan a launch around.

The GENIUS Act starts on 18 January 2027

Stablecoin issuance is the one area with a settled federal timetable. The GENIUS Act created the permitted payment stablecoin issuer, and the OCC's final rule of 21 October 2026 sets the requirements for issuers and foreign issuers under its supervision. Both take effect on 18 January 2027. The OCC will announce separately when it starts accepting applications and waiver requests, and the anti-money laundering and sanctions requirements follow in a separate Treasury rulemaking.

The Act also keeps a state route: issuers below the Act's size threshold may choose a state regime that is substantially similar to the federal one. Our guides to GENIUS Act compliance and foreign stablecoin issuers set out the requirements in full.

State licences remain the route for exchanges and wallets

For a business that exchanges, transfers or holds crypto for US customers, the licences are the same before and after the election:

  • FinCEN money services business registration. Federal registration as a money transmitter, free of charge and renewed every two years, with a written anti-money laundering programme from day one. Our FinCEN MSB guide covers the filing.
  • State money transmitter licences. Most states license crypto transmission and custody under their money transmission laws, through the Nationwide Multistate Licensing System. Many have adopted the Money Transmission Modernization Act, which makes requirements more uniform. Our US money transmitter licence guide explains the state by state process.
  • New York. Virtual currency business activity involving New York or its residents needs a BitLicense under 23 NYCRR Part 200, or a limited purpose trust charter from the Department of Financial Services.

These regimes are set by state law and state regulators, not by Congress, so a change in congressional control does not alter them. Any future federal market structure law would also have to say how it fits with state licences, which is one of the questions the CLARITY Act debate never settled.

Timelines for the state route

LicenceTypical timing
FinCEN MSB registrationFiled online; acknowledgement usually within days
State money transmitter licenceSeveral months per state after a complete application
Multi-state programmeUsually 12 to 24 months to cover all licensing states
New York BitLicenseOften more than a year

Because each state reviews separately, firms usually sequence states by revenue and file in batches. A firm that starts now can be live in its first states during 2027, regardless of what Congress does with a market structure bill.

What changes in Washington in January 2027

Congress writes the laws, but the regulators apply them. The agencies that supervise crypto firms day to day, the SEC, the CFTC, the OCC, FinCEN and the state banking departments, keep their current leadership and rulebooks after the election. What changes in January 2027 is the agenda in Congress: committee chairs, the bills that reach a vote and the questions asked at oversight hearings.

For licensing, three practical consequences follow. Bills pending in this Congress, including market structure proposals, have to start again unless they pass before it ends. Congressional oversight of how the agencies implement the GENIUS Act is likely to increase, so issuers should expect close attention to reserves, redemption and anti-money laundering controls. And state regulators, who are not affected by the federal result, remain the main licensing authorities for exchanges and wallets.

Three routes for stablecoin issuers

From 18 January 2027 a payment stablecoin offered in the United States must come from a permitted issuer. The Act gives three routes, and the choice depends on size, structure and where the issuer is based.

RouteSuited to
Federal: OCC-supervised permitted issuerNon-bank issuers seeking one national framework, and larger issuers
State: state-qualified issuerIssuers with up to $10 billion outstanding, under a state regime certified as substantially similar
Foreign issuerIssuers regulated in a country whose regime the US Treasury finds comparable, registered with the OCC
Bank subsidiaryInsured banks issuing through a subsidiary supervised by the bank's regulator

Whichever route applies, the issuer needs full reserves in high-quality liquid assets, monthly reserve reporting, redemption at par, and an anti-money laundering and sanctions programme. Exchanges and wallets need to know which route each coin they list uses, because the Act limits which stablecoins they may offer once its transition periods end.

Example: an exchange planning a 2027 US launch

Consider a European exchange, authorised under MiCA, that wants to serve US customers from 2027. Its plan does not depend on the election:

  1. It sets up a US entity and files FinCEN MSB registration, with a written anti-money laundering programme, sanctions screening and a designated compliance officer.
  2. It ranks states by expected customers and files money transmitter licence applications through the Nationwide Multistate Licensing System, starting with the states that hold most of its target market, and posts the surety bonds and net worth each state requires.
  3. It decides whether New York justifies a BitLicense application now or later.
  4. It confirms that the stablecoins it lists will be permitted after the GENIUS Act starts, and documents its own controls on stablecoin custody and transfers.

If Congress later passes a market structure law, the exchange adds any new federal registration on top. The state licences and compliance file it built remain the base. Our guide to Money Transmission Modernization Act states shows where state requirements are already aligned.

Banking partners and investors

Licences are only part of what a US launch needs. Banks that hold customer funds and investors who fund the build both look at the same evidence: which licences the firm holds or has filed, how its anti-money laundering and sanctions programme works, and how customer assets are kept separate. A filed state licensing programme with a clear sequence of states is usually a condition of opening operating and customer accounts with a US bank.

The election result does not change that test. A firm that can show its FinCEN registration, its first state licences and a documented compliance programme is in a stronger position with banks and investors than one waiting for a federal framework. Our banking and payment processing team helps licensed firms open those accounts.

What the election means in practice

  1. Do not wait for a federal licence. No federal market structure licence exists or has a date. File state applications for the states that matter to your revenue.
  2. Stablecoin issuers prepare for 18 January 2027. Decide between the OCC, a state regime or a foreign issuer route, and build the reserve, redemption and compliance programme now.
  3. Exchanges and wallets listing stablecoins check which coins will be permitted payment stablecoins after the GENIUS Act's transition periods.
  4. Watch the new Congress. Committee chairs change in January 2027. Follow the Senate Banking and House Financial Services Committees for any new market structure bill.
  5. Keep the compliance file current. Whatever the federal outcome, state examiners and banking partners look for the same anti-money laundering, sanctions and safeguarding controls.

How Buckingham Capital Consulting supports US crypto firms

Buckingham Capital Consulting has supported clients with FinCEN registration and US state licensing since 2015, and handles cryptoasset licensing in the UK, EU and other markets. Our cryptoasset team builds state licensing programmes for exchanges, wallets and crypto payment firms, and prepares stablecoin issuers for the GENIUS Act. Contact us to plan your US licensing route.

Questions

Did the CLARITY Act pass?

No. It passed the House in July 2025, but a Senate cloture vote on 15 September 2026 was rejected 49 to 50. A bill not passed before the current Congress ends must be introduced again.

Does the midterm result change the GENIUS Act?

No. The GENIUS Act is law and takes effect on 18 January 2027, together with the OCC's final rule issued on 21 October 2026.

Do I still need state licences to run a crypto exchange in the US?

Yes. Exchanges and custodial wallets generally need state money transmitter licences, a BitLicense or trust charter for New York, and FinCEN MSB registration.

Is there a federal crypto exchange licence?

Not at present. A federal market structure framework would need new legislation such as the CLARITY Act, which has not passed.

When does the new Congress start?

The new Congress convenes in January 2027, with Democratic majorities in both the House and the Senate following the 3 November 2026 elections.

Should crypto firms wait for federal legislation?

There is no date for a federal crypto licence, so firms that need to serve US customers usually proceed with FinCEN registration and state licences.

Can a stablecoin issuer use a state licence instead of the OCC?

Yes, an issuer with up to $10 billion of stablecoins outstanding may use a state regime that is certified as substantially similar to the federal framework.

Sources

Get in touch: +44 7563 115980 (phone and WhatsApp) or [email protected].

This article is general information, not legal advice. Requirements change, and the regulator’s own publications take precedence.

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