SEC proposes exemption for tokenizing stocks. What could go wrong?
View original at finance.yahoo.comSEC proposes exemption for tokenizing stocks. What could go wrong? Scott Melker discusses the US Securities and Exchange Commission's (SEC) proposed innovation exemption for tokenizing securities without the issuer's permission, using Apple (AAPL) stock as an example…
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The DTCC, which settles 4.7 quadrillion in securities volume per year, is moving to blockchain rails after receiving a no-action letter from the SEC.
60% confidenceUnder issuerless tokenization, accountability is absent: Apple did not issue the token, and the tokenization platform claims no liability.
60% confidenceThe core legal question of tokenization is whether it creates a new security or is merely a new technological wrapper around an existing security.
60% confidenceIf third parties can tokenize Apple or Amazon without the issuer at the table, there is no theoretical limit on how many wrappers of the same company can exist at once.
60% confidenceBy end of 2026 everything would be trading on blockchain rails under Project Crypto.
60% confidenceUnauthorized tokenization creates infinite synthetic supply risk: anyone can mint Apple tokens, 10 different platforms could each have their own Apple token with no official connection to Apple, collapsing price discovery with no single source of truth.
60% confidenceUnauthorized tokenization of stocks in DeFi will be very stinky and could get very ugly, given that DeFi has proven not entirely secure when AI and hacks are factored in.
60% confidenceA corporate action such as a stock split, buyback, dividend, or M&A not reflected in tokenized stock can cause a depeg event where the token and real stock trade at different prices, potentially leading to cascading liquidations and weekend contagion into real equity markets on Monday open.
60% confidenceUnauthorized tokenization turns every public company into a potential Terra Luna, with the contagion path running through DeFi lending markets and back into real equity prices, and nobody has a legal duty to make holders whole.
60% confidenceSecuritize advocates for one issuer at the table, one canonical token, one source of truth, and one legally accountable entity — warning that without this the system may be designed to systematically detonate.
60% confidenceStocks already trade freely in secondary markets, derivatives exist, and ETFs exist — all providing existing precedent that issuer permission may not be legally required for tokenization wrappers.
60% confidenceETFs do not require issuer approval to include a security, and the SEC is using this as precedent for its proposed innovation exemption.
60% confidenceThe SEC is proposing an innovation exemption that would allow tokenization of stocks without permission from the issuer, potentially by end of the week.
60% confidenceTokenized stocks will enable 24/7 365-day-a-year global trading on blockchain rails, largely on unregulated decentralized exchanges without KYC/AML, accessible to everyone worldwide, and usable as DeFi collateral.
60% confidence