The SEC's temporary, conditional exemptions create a regulated pathway for trading tokenized NMS stocks via permissioned venues using AMMs on public permissionless ledgers. While capped by symbol and volume limits and strict disclosure, auditability, and equivalence requirements, the move lowers legal uncertainty around tokenized equities and related liquidity provision. This can lift near-term risk appetite and engagement across crypto-market infrastructure tied to tokenization.
Impact level
● High
Affected assets
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▲ Bullish
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The U.S. Securities and Exchange Commission has issued temporary, conditional exemptive relief from the Exchange Act definition of an exchange for Tokenized Securities Venues (TSVs), allowing them to facilitate trading in tokenized NMS stocks via permissioned automated market makers and liquidity pools.
Under the order, TSVs may match buyers and sellers through liquidity pools and participation standards for permissioned users. The SEC caps both the number of symbols and overall trading volume for tokenized NMS stocks on any TSV.
TSVs must verify that each tokenized NMS stock provides holders the same rights and privileges as the corresponding traditional NMS stock of an equivalent class. If a TSV plans to offer stock tokenized by an unaffiliated third party, it must notify the issuer and give the issuer an opportunity to object.
The order requires smart contracts used by a TSV to be auditable and publicly available, and to be deployed on a public, permissionless distributed ledger. TSVs must halt trading in any tokenized NMS stock when trading in the underlying stock is halted on its primary listing exchange. TSVs must also publicly disclose their operations and trading activity, including the trading activity of affiliated entities on the TSV.
Separately, the SEC is temporarily granting conditional relief from the Exchange Act definition of dealer for liquidity providers participating in TSV liquidity pools when they supply tokenized NMS stock using proprietary capital, including where their conduct could otherwise indicate dealing activity.
The exemptions will expire five years after publication. The SEC is seeking public comment on potential changes to the framework and possible next steps.
SEC Chairman Paul S. Atkins said the temporary exemption is intended to permit tokenized NMS stock trading in a permissioned setting while the Commission evaluates further action. Jamie Selway said the SEC's Division of Trading and Markets is prepared to work with firms seeking to operate a TSV and to address questions from investors and other market participants.
The order will be published on SEC.gov and in the Federal Register.