The Securities and Exchange Commission (SEC) has made it clear that synthetic security tokens that are derivatives and do not provide ownership of shares are excluded from regulation. The SEC only approves tokens that represent actual ownership of the underlying stock, ensuring that holders have the same rights and privileges as traditional securities, including receiving dividends and voting rights.
This exclusion may impact derivatives and debt instruments offered by offshore products like Robinhood.
The SEC’s innovation exemption is time-limited and does not require formal designation of platforms. Any platform that believes it meets the SEC’s criteria and can comply with conditions only needs to provide notice before launching a tokenization operation.
Starting with a 5-year window
SEC Commissioner Atkins has acknowledged that the policy is temporary, allowing firms to operate in a regulated environment while the commission considers further actions to facilitate onchain trading. He emphasized the need for durable rulemaking to ensure that onchain markets remain viable as capital markets evolve.
Tokenization is a significant experiment on Wall Street, with the SEC’s move carrying substantial weight. The concept involves representing ownership of assets like stocks, bonds, and investment funds on a blockchain, potentially enabling easier transfer between investors and financial platforms.
