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United States·Regulation

March 25, 2026 at 07:22 PM

US Lawmakers Debate Tokenization as SEC Plans New Exemptions

US Lawmakers Debate Tokenization as SEC Plans New Exemptions
Quick Take
  • U.S. lawmakers and the Securities and Exchange Commission (SEC) are moving toward formalizing the tokenization of traditional securities.
  • The SEC is preparing an innovation exemption that would act as a regulatory sandbox for on-chain assets.
  • Concerns remain regarding investor protection, potential conflicts of interest, and the risk of innovation moving overseas.

Congressional Debate on Market Modernization

On Wednesday, the House Financial Services Committee convened a hearing titled "Tokenization and the Future of Securities: Modernizing our Capital Markets." The session highlighted a growing consensus that traditional financial markets are inevitably shifting toward blockchain-based systems. Rep. Andy Barr (R-Ky.) emphasized that the United States must lead in this space by modernizing regulations while maintaining high standards for investor protection.

Key institutional milestones discussed include:

  • The SEC granting the Depository Trust & Clearing Corporation (DTCC) a three-year authorization to tokenize liquid assets.
  • The New York Stock Exchange (NYSE) developing a platform for 24/7 trading and on-chain settlement.
  • A recent rule change allowing Nasdaq to support the trading of tokenized shares.

The SEC Innovation Exemption

SEC Chair Paul Atkins indicated that the agency will soon seek public feedback on new rulemaking, specifically a proposed innovation exemption. This framework is intended to function as a regulatory sandbox, allowing firms to experiment with on-chain assets under modified oversight. However, Rep. Brad Sherman (D-Calif.) expressed skepticism, warning that such exemptions could create a "two-tiered market" where blockchain platforms bypass core regulations that apply to traditional exchanges.

Balancing Efficiency and Risk

While Rep. Maxine Waters (D-Calif.) acknowledged that tokenization could increase market efficiency and global participation, she voiced concerns about who truly benefits. Drawing parallels to the 2008 financial crisis, she cautioned against technologies that might prioritize "middlemen" over actual businesses and homeowners. Waters also highlighted potential conflicts of interest involving President Donald Trump, noting estimates that he has earned approximately $1.4 billion from personal crypto ventures, including World Liberty Financial.

Industry representatives offered varying perspectives on the path forward. SIFMA President Kenneth Bentsen, Jr. advocated for a transparent process that adheres to existing legal frameworks rather than unilateral exemptions. Conversely, Blockchain Association CEO Summer Mersinger warned that a lack of regulatory clarity would force innovation to move outside the United States, potentially leaving the domestic market behind.

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