SEC's Gensler issues warning about stock tokens

SEC's Gensler issues warning about stock tokens
The SEC chairman made it clear that digital assets that mirror the performance of Amazon.com, Tesla and other well-known companies are probably still covered by U.S. securities laws.
JUL 21, 2021

Securities and Exchange Commission Chair Gary Gensler has a warning about the synthetic stocks popping up on blockchains: Firms selling the tokens to U.S. investors are likely to end up in trouble with regulators.

In a Wednesday speech, Gensler made it clear that tokens that mirror the performance of Amazon.com Inc., Tesla Inc. and other well-known companies are probably still covered by U.S. securities laws.

He also pledged to use all the resources in the SEC’s “enforcement toolkit” to go after those who might be offering such assets without registering them.

“It doesn’t matter whether it’s a stock token, a stable value token backed by securities or any other virtual product that provides synthetic exposure to underlying securities,” Gensler said at an event held by the American Bar Association. “These platforms -- whether in the decentralized or centralized finance space -- are implicated by the securities laws and must work within our securities regime.”

Gensler’s comments referenced what’s known as DeFi, a fast-moving corner of the cryptocurrency market where tokens that track the performance of huge companies have started emerging. The trading has triggered regulatory scrutiny that’s prompted some in the industry to pull back. Cryptocurrency exchange Binance Holdings announced last week that it was phasing out support for tokens linked to equities.

Gensler has repeatedly said that cryptocurrencies need more oversight. In May, he told a House panel that he was looking forward to working with Congress and other regulators “to fill in the gaps of investor protection.” He added that digital token exchanges were ripe for additional rules and urged lawmakers to pass legislation giving the SEC authority to police the trading venues.

Latest News

FINRA eyes fraud 'speed bump' rule doubling hold to 10 business days
FINRA eyes fraud 'speed bump' rule doubling hold to 10 business days

FINRA's proposed rule filing would create a new 10-day fraud delay and nearly triple the maximum hold period for exploited senior investors

MAI Capital pushes into Atlanta with Waypoint Wealth deal
MAI Capital pushes into Atlanta with Waypoint Wealth deal

Fueled by a recent shot in the arm from private equity firm Carlyle, MAI adds a $490 million Atlanta RIA as it keeps building out its national footprint.

Georgia advisor gets maximum – 20 years – for $400 million Ponzi
Georgia advisor gets maximum – 20 years – for $400 million Ponzi

“Todd Burkhalter organized what is likely the largest Ponzi scheme in Georgia history,” said one FBI official.

Carson taps Osaic recruiting veteran as independent channel expansion continues
Carson taps Osaic recruiting veteran as independent channel expansion continues

With experience from Goldman Sachs and TD Ameritrade, the RIA's newest SVP hire adds to a recent wave of executive departures from hybrid Osaic.

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income