A definition written overnight decides whether XRP is a commodity

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Senate Republicans released a revised CLARITY Act draft hours before the cloture vote. It runs to 635 pages, up from 616, and one of the new pieces defines an ancillary asset in a way that settles XRP’s status in secondary markets regardless of how much of it Ripple holds. Summary Senate Republicans circulated a revised CLARITY Act text shortly before the September 15 cloture vote, expanding the bill from roughly 616 pages to 635. The draft defines an ancillary asset separately as a network token whose value depends on the entrepreneurial or managerial efforts of an originator or someone related to the originator. Under the revised language, XRP would be treated as a digital commodity in secondary markets regardless of the quantity Ripple holds, and no provision in the bill causes an ancillary asset to stop being a network token. The revision arrived alongside a reported White House concession on expanded conflict-of-interest rules and state-level enforcement powers, both aimed at securing Democratic votes. The cloture vote on the motion to proceed requires 60 votes, and Republicans hold 53 seats. Legislative text is usually written months before anyone votes on it, which is what m...

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