SEC Crypto Task Force head warns assets remain securities regardless of tokenization

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Hester Peirce, caput of the US Securities and Exchange Commission’s (SEC) Crypto Task Force, said that putting securities connected a blockchain “does not person magical abilities to alteration the quality of the underlying asset.” 

In a July 9 statement, Peirce emphasized that tokenized shares, notes, oregon entitlements “are inactive securities,” requiring issuers, intermediaries, and traders to adhere to existing national instrumentality erstwhile creating, selling, oregon transferring them.

Legal obligations

Peirce’s bulletin notes that tokenization tin hap successful 2 ways: an issuer tin mint blockchain versions of its ain shares, oregon a custodian tin wrapper third-party securities and contented receipts.

She warned that the 2nd exemplary introduces counterparty hazard due to the fact that the token holder depends connected the custodian’s solvency and power of the underlying shares. 

Peirce urged distributors to consult the SEC’s Division of Corporation Finance’s “staff statement” connected disclosure duties and to conscionable with bureau unit aboriginal if they question bespoke exemptions.

She besides flagged that the rules mightiness classify circumstantial token formats arsenic “receipts for a security” or, if they deficiency beneficial ownership rights, arsenic “security-based swaps” barred from off-exchange retail trading.

Peirce wrote:

“The aforesaid ineligible requirements use to on- and off-chain versions of these instruments.” 

Growing on-chain banal activity

Peirce’s remarks get arsenic tokenized equity volumes accelerate. Solana-based banal tokens issued nether Backed Finance’s xStocks framework reached a combined marketplace worth of $48.53 cardinal arsenic of July 4.

Dashboard snapshots from information supplier RWA.xyz amusement that the full surpassed the $50 cardinal people connected July 6.

Furthermore, xStocks is present moving to different venues. BNB Chain announced that it volition database Apple, Tesla, and different equity tokens arsenic BEP-20 assets successful concern with Kraken and Backed, providing users with 24-hour entree and DeFi composability.

Market participants mostly welcomed the clarity. Backed Finance co-founder Adam Levi said successful a connection that the institution “designed xStocks to reflector accepted equity custody truthful regulatory attraction remains straightforward.” 

Kraken added that DeFi integrations connected BNB Chain volition fto users station tokenized stocks arsenic collateral without altering their securities status.

Separately, Bitget integrated xStocks into its on-chain level connected July 9, enabling customers to commercialized the aforesaid tokens from their spot accounts without the request for abstracted wallets.

Peirce closed by signaling openness to modernization, saying the Commission “stands acceptable to enactment with marketplace participants to trade due exemptions and modernize rules” wherever exertion exposes gaps. 

The station SEC Crypto Task Force caput warns assets stay securities careless of tokenization appeared archetypal connected CryptoSlate.

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