SEC Clarifies Rules for Tokenized Securities Under Federal Law

TLDR

• The SEC has clarified that tokenized securities are considered “securities” under U.S. federal law.
• Tokenized securities must comply with the same registration, disclosure, and compliance rules as traditional securities.
• The SEC is working to provide a legal framework as tokenized securities grow in the digital asset market.
• Tokenized securities are divided into two categories: issuer-sponsored and third-party sponsored, both subject to federal laws.
• SEC Commissioner Hester Peirce reiterated that “tokenized securities are still securities,” emphasizing regulatory consistency.

The U.S. Securities and Exchange Commission (SEC) has issued new guidelines clarifying the status of tokenized securities. According to the SEC, these digital assets will be subject to federal securities laws. This move aims to provide clearer regulation for tokenized securities as the industry continues to grow.

Tokenized Securities Under SEC Regulation

The SEC confirmed that tokenized securities are financial instruments defined as “securities” under federal law. These assets will be subject to similar registration, disclosure, and compliance requirements as traditional securities.

The agency stated that, despite the digital format, tokenized securities will maintain the same legal obligations. The SEC’s position on tokenized securities emphasizes the importance of compliance with federal regulations.

These securities, despite being represented as crypto assets, will require issuers to adhere to similar transparency and regulatory standards as traditional securities. The agency has worked to create clarity for the growing market of digital asset securities.

SEC’s Ongoing Efforts for Regulatory Clarity

The SEC’s guidance reflects its ongoing efforts to define the legal framework for tokenized securities. In previous statements, SEC Commissioner Hester Peirce has reaffirmed that “tokenized securities are still securities.”

The SEC aims to provide clarity as U.S. legislators work to pass a market structure bill, which will further define the roles of the SEC and other regulatory bodies. The agency’s latest guidance also divides tokenized securities into two main categories: issuer-sponsored and third-party sponsored.

Issuer-sponsored tokens directly integrate blockchain into ownership records, while third-party-sponsored tokens represent an indirect claim on a security. Both categories are subject to federal securities laws, ensuring that the same legal standards apply across these tokenized assets.