SEC Grants Five-Year Tokenized-Stock Relief as CLARITY Act Fails to Advance

RWA Signal Insight
StocksThe U.S. Securities and Exchange Commission (SEC) has issued a five-year conditional exemption allowing Tokenized Securities Venues (TSVs) to trade permissioned tokenized National Market System (NMS) stocks. This regulatory order provides a limited federal pathway for automated market makers and liquidity pools to operate without being classified as traditional exchanges or dealers under the Securities Exchange Act. The exemption is structured into two tiers, with Tier 1 permitting 75 symbols at 0.25% of average daily volume and Tier 2 allowing 250 symbols at 2.5% of volume. To qualify, venues must ensure token holders possess identical rights to traditional shareholders and maintain public, auditable smart contracts on permissionless ledgers. Trading must also synchronize with primary exchange halts to ensure market integrity. This development follows the failure of the CLARITY Act (H.R. 3633) to advance in the Senate, where a cloture motion was defeated 49-50 on September 15. By providing this temporary relief, the SEC establishes a narrow, controlled framework for tokenized equity trading in the absence of broader legislative progress. This move represents a significant, albeit restricted, step toward integrating traditional stock market infrastructure with blockchain-based trading venues.
Key points
- SEC granted a five-year conditional exemption for trading tokenized NMS stocks on permissioned venues.
- Tier 1 limits venues to 75 symbols and 0.25% of average daily trading volume.
- Tier 2 allows up to 250 symbols and 2.5% of average daily trading volume.
- Senate failed to advance the CLARITY Act (H.R. 3633) in a 49-50 cloture vote.
Background
The Securities and Exchange Commission is the primary U.S. federal agency responsible for regulating securities markets and protecting investors. Tokenized stocks represent digital representations of traditional equity shares, typically issued on a blockchain to enable 24/7 trading, faster settlement, and increased transparency. These assets aim to bridge the gap between legacy financial systems and decentralized finance by utilizing smart contracts to enforce ownership rights and compliance.