ChainCatcher reports that SEC Chairman Paul Atkins, during an appearance on the All-In Podcast, said, “From my perspective, distributed ledger technology (DLT) offers many potential benefits to the financial services industry, and we are at a tipping point where T+0 settlement—nearly instantaneous delivery and payment, even via digital assets on-chain—could become a reality. This is very exciting. To prevent issues like fraud, we may even need to implement some speed bumps. However, there are challenges as well, such as liquidity issues. What does the concept of best bid and best offer in traditional markets mean in this new system? This is one of the questions we need to address. Our principle is: if an asset is inherently a security, even if it is tokenized, it remains a security, and federal securities laws still apply. But regulators have a responsibility to ensure our rules truly fit new practical applications. As the purposes of trading and methods of delivery evolve, we must adapt accordingly. We need to adjust our framework so it genuinely works within the context of new technologies. This is precisely what we are currently working on—reviewing our regulatory rules one by one to ensure they can adapt to the development of emerging technologies. The SEC is coordinating regulation with the CFTC. For example, if an asset is a tokenized security, it falls under the SEC’s regulatory framework; whereas if it is a cryptocurrency, digital token, digital instrument, or digital collectible, it falls under the CFTC’s jurisdiction.
U.S. SEC Chair: Tokenized Securities Still Fall Under Securities Law; DLT Offers Potential Benefits
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U.S. SEC Chair Paul Atkins told the All-In Podcast that tokenized securities remain subject to federal securities law, even as distributed ledger technology (DLT) offers potential benefits such as T+0 settlements. He acknowledged the ongoing debate over whether assets are securities or commodities and said regulators must adapt rules to address new cases. The SEC is also collaborating with the CFTC to clarify jurisdictional boundaries, particularly as the MiCA (EU Markets in Crypto-Assets Regulation) framework takes shape.
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