SEC Order 34-106268 Names XRP (XRP) a Digital Commodity Under Nasdaq Texas Rule

SEC Order 34-106268

The US Securities and Exchange Commission has granted accelerated approval for Nasdaq Texas, LLC to amend Rule 5711(d), the provision governing Commodity-Based Trust Shares — and the order's own example language places XRP's cross-border settlement asset in explicitly commodity territory. Order No. 34-106268, published on the regulator's filing system, makes three changes: it defines a “digital commodity” within the exchange's rulebook, legalizes actively managed crypto strategies, and permits funds to hold up to 15% of net asset value in instruments that initially fail strict listing criteria. To illustrate the mechanism, the SEC cited a trust holding Bitcoin, Ether, Solana and XRP, describing all four in the document as digital commodities that satisfy today's eligibility standards. The approval extends a chain of decisions from 2025 and 2026: the SEC cut its review period for crypto ETPs from 240 to 75 days in September 2025, and a joint SEC–CFTC interpretation issued March 17, 2026 listed BTC, ETH, SOL and XRP among crypto commodities, alongside ADA, AVAX, DOGE, SHIB and LINK. In June, regulators cleared T. Rowe Price's multi-asset TKNZ fund, whose mandate allows managers to rotate these assets within a single basket. Legislative attention now shifts to the Senate's cloture vote on the CLARITY Act, scheduled for Sept. 15 at 2:15 p.m. and requiring 60 votes to end debate. The House canceled its final September votes, likely delaying final passage to a post-election lame-duck session, though the National Sheriffs' Association withdrew its DeFi objections in a Sept. 5 letter. Ripple CEO Brad Garlinghouse called the goal of making America the crypto capital of the world “within reach,” a remark we examined in our pre-vote coverage.

XRP Reclaims Channel at $1.45

Price action has reinforced the regulatory shift. XRP changed hands near $1.45 as of midday UTC on Friday, consolidating after a sharp recovery from an early-September low around $1.33 — a rebound that mirrored strength across the broader altcoin market, where total capitalization climbed to $2.711 trillion. The token broke above the upper boundary of a descending four-hour channel near $1.37, a structure that had pressured prices since the Aug. 22 rally to a local high of about $1.70, and briefly touched $1.47 before a shallow pullback. Key support and resistance levels now frame the setup: immediate resistance sits at $1.48–$1.50, with $1.53 the next major barrier. Analyst ChartNerd identifies $1.53 as XRP's 50-week exponential moving average and argues that a convincing weekly close above it opens the way toward $1.80, while the 20-week EMA near $1.28 anchors the downside of a wide weekly compression range. Momentum readings back the breakout: the 14-day Relative Strength Index stands at 66.22, below the conventional 70 overbought threshold, and the Average Directional Index at 26.88 confirms a developing directional trend. Leveraged positioning adds potential fuel — CoinGlass' three-day liquidation heatmap shows concentrated short liquidity between $1.48 and $1.53, with clusters at $1.425–$1.435 just below spot. Institutional demand is building in parallel: US spot XRP ETFs recorded $110.49 million in net inflows during the week ending Aug. 28, their strongest week of 2026, lifting cumulative inflows to roughly $1.6 billion — a trend we analyzed in our piece on ETF flows outpacing the token. Trader CW's Fibonacci work frames the wider upside: with XRP back above the 0.618 retracement, the 1.618 extension target sits near $2.135. More context on the token's recent trajectory is available on our XRP topic hub. Readers tracking the market in real time can follow live spot and futures prices on Binance.

The Filing That Frames Sept. 15

Our read of the document itself: Order 34-106268, not the chart, is the load-bearing fact of the session. An SEC order whose own example text names XRP a digital commodity materially hardens the asset's regulatory standing ahead of the CLARITY Act's 60-vote Senate test on Sept. 15. The designation remains an agency interpretation embedded in a single exchange's rule — not statute — which is exactly why the legislative calendar matters. If the breakout holds above $1.37, the test of $1.53 becomes the pivot between ChartNerd's $1.80 target and a slide back toward the $1.30–$1.24 support band, a level we flagged when Fed rate-cut bets lifted XRP to $1.45.