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Regulatory clarity remains the missing piece for institutional adoption, because compliance departments cannot approve products whose legal treatment depends on interpretation, precedent or a regulator's informal reassurances

Regulatory clarity remains the central obstacle to institutional adoption, and it is not a problem that technology can solve. Compliance teams need written rules they...

Regulatory clarity remains the missing piece for institutional adoption, because compliance departments cannot approve products whose legal treatment depends on interpretation, precedent or a regulator's informal reassurances
Filed 2026-11-05Policy desk

Regulatory clarity remains the central obstacle to institutional adoption, and it is not a problem that technology can solve. Compliance teams need written rules they can cite when an examiner asks questions. Informal guidance does not survive an audit, and verbal reassurance is not a control. Written rules also help smaller firms, because compliance costs fall when requirements are clear and predictable.

The result is a patchwork where the same activity is treated differently across jurisdictions, and firms must build to the strictest interpretation or decline the business. That raises costs and reduces competition. It also pushes activity toward venues in permissive jurisdictions, which creates its own supervisory gap. Supervisors increasingly coordinate across borders, which reduces the arbitrage that once rewarded permissive regimes.

Progress tends to arrive through targeted frameworks rather than comprehensive statutes. Rules for custody, stablecoins and market structure are being drafted separately, each solving a piece of the puzzle. Firms that track those developments closely can plan products years before the market catches up. Adoption will accelerate in markets where a single regulator publishes explicit guidance and enforcement decisions.