SEC Commissioner Questions Regulatory Treatment of Tokenized Securities

Source: CoinEdition Original Title: SEC Meeting Sparks Disagreement on Decentralization Regulation Between Finance Sectors Original Link: https://coinedition.com/sec-meeting-sparks-disagreement-on-decentralization-regulation-between-finance-sectors/ An SEC Investor Advisory Committee meeting sparked debate between traditional finance regulators and the cryptocurrency community over decentralization regulation. Commissioner Caroline A. Crenshaw raised questions about tokenized equity products and whether blockchain-based assets warrant different regulatory treatment.

The Commissioner addressed challenges associated with tokenized equity products during the meeting. Tokenization raises major issues regarding how tokenized securities could be issued, traded, cleared, and settled. Changing established regulatory standards to accommodate these processes could carry risks to market integrity and investors.

Questions Raised About Wrapped Security Structure

Tokenized equities are commonly marketed as “wrapped securities” that provide exposure to underlying assets. Some products claim to expand access to assets like private company shares that typically remain inaccessible to retail investors. However, the Commissioner stated these tokenized products differ substantially from the underlying assets they supposedly track.

Ownership rights and entitlements remain different, often unclear, and potentially entirely disconnected from the issuer of the underlying asset. These products generally offer less liquidity than traditional securities and present greater challenges for pricing and trading.

Commissioner Questions How Investors Can Evaluate Risks

The commissioner questioned how investors or advisors can fairly evaluate the risks of wrapped tokenized securities. The official asked whether regulatory requirements should be relaxed simply because a product exists on a blockchain. The remarks questioned whether wrapped tokenized securities offer clear benefits to investors that justify heightened risks.

The most pressing question addressed what the tokenization of equities in secondary markets actually aims to achieve. If the purpose involves improvements to settlement efficiency, this presents a different use case from allowing tokenized equities to trade without front-end investor protections. The latter scenario could create an environment for regulatory arbitrage at the expense of traditional equity markets.

The commissioner emphasized that if the new ecosystem fails to provide common market transparency about pricing or visible customer protections, the goals and likely outcomes remain unclear. These questions show the divide between traditional finance regulators focused on investor protection and cryptocurrency advocates promoting decentralized systems with reduced oversight.

The meeting followed a year of changes to the corporate governance landscape at the SEC, with staff rescinding guidance, making it easier to exclude shareholder proposals, and issuing policy statements affecting shareholder litigation rights.