The SEC's conditions for tokenized securities exemptions have sparked disagreements, with the industry calling for clarification on the "public and permissionless" standard

The innovation exemption for tokenized securities trading venues launched by the U.S. SEC in September is sparking controversy within the industry regarding blockchain qualification standards. This exemption allows eligible companies to trade tokenized U.S. stocks without registering as traditional securities exchanges, but requires their smart contracts to be auditable, public, and deployed on a public, permissionless blockchain.

Currently, three companies have submitted operational intent notices to the SEC. TSV LLC plans to use the privacy-focused Canton Network; OKXICE and Kephas Corp. intend to utilize their respective enterprise group's developed Ethereum Layer 2 networks.

In a letter submitted on Thursday, the Solana Policy Institute requested the SEC to tighten the definition of "permissionless," focusing on who actually controls the blockchain, including who can validate or block transactions and modify network rules. Hedera advocates for an expansion of the exemption's scope, arguing that only authorized entities should participate in validation, which should not disqualify their network.

The Securities Industry and Financial Markets Association (SIFMA) also called for clarification on which blockchains are eligible and questioned whether stock tokenization should require explicit prior consent from the issuing company, rather than requiring companies to opt out. The financial regulatory advocacy group Better Markets urged the SEC to withdraw the exemption and instead engage in formal rulemaking.

An SEC official stated that companies can begin operations 30 days after submitting a notice, provided they meet the exemption criteria, without waiting for SEC approval, which does not imply SEC endorsement of their chosen blockchain. The official noted that the regulatory agency intends to maintain a broad definition to allow space for companies to experiment; further frequently asked questions may be released, but substantive adjustments would require action from the commission.

Meanwhile, more companies are opposing the tokenization of their stocks. As of Friday, among the 62 companies initially listed by OKXICE, 22 have raised objections, exceeding one-third. New objectors include Wells Fargo, Arm, and Intuit.