SEC Commissioner Peirce: Innovation Exemption Tailored for On-Chain Stock Trading, Clearly Draws Line with DeFi
1 hours ago
U.S. Securities and Exchange Commission (SEC) Commissioner Hester M. Peirce issued a statement on the commission’s approved "Innovation Exemption". The exemption is a temporary, conditional arrangement that allows "Tokenized Securities Venues (TSVs)" to trade National Market System (NMS) stocks on-chain. TSVs offer Automated Market Maker (AMM) liquidity pools and set participant admission standards, and are exempt from the definition of an "exchange" under the Securities Exchange Act. Specific liquidity providers supplying TSVs are exempt from the definition of a "dealer". Issuers whose stocks are traded on TSVs can opt out if they do not wish to have their securities listed there. The exemption is open to U.S. entities, including both existing institutions and new market entrants. Peirce stressed that the commission does not presume that parties relying on the exemption will automatically fall under the definitions of "exchange" or "dealer"; instead, it plans to first observe who is using it and how it is being utilized before making regulatory determinations. She clearly defined the boundaries of the order: this is not about decentralized finance (DeFi). Truly decentralized systems driven by automated software do not raise fundamental securities regulatory concerns—specifically, the risk that intermediaries trusted by investors may act imprudently, negligently, or be compromised. Investors using permissionless smart contracts for peer-to-peer transactions do not need an exemption at all. TSVs are just one model for on-chain securities trading; the commission is open to other models, and on-chain trading models that can meet the requirements of the current Securities Exchange Act may not require an exemption in the first place.
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