Perkins Coie·SECURITIES / CAPITAL MARKETS

SEC Opens Five-Year 'Innovation Exemption' for Tokenized NMS Stocks

SEC's September 17, 2026 announcement creates a five-year pathway for trading tokenized versions of NMS-listed stocks, putting issuer disclosure and market-structure questions on the agenda now.

On September 17, 2026, the Securities and Exchange Commission announced a five-year "Innovation Exemption" intended to facilitate the trading of tokenized versions of stocks listed on the National Market System. Reporting from Perkins Coie frames the release as a compliance question for public companies: issuers now face a decision about whether and how tokenized representations of their shares should be offered, disclosed and governed alongside their conventional listings.

Sophisticated capital markets counsel will care because the exemption touches market structure rather than crypto policy — it sits at the intersection of listed-issuer disclosure obligations, exchange and clearing arrangements, and custody of a security that exists in two forms. Client advisory questions likely include investor-protection disclosure, how token holders exercise voting and economic rights, and whether transfer restrictions or transfer-agent mechanics change. Fintech and digital-asset teams are equally in scope for platform and brokerage clients.

The available summary does not set out eligibility criteria, conditions, or operative dates beyond the five-year term, so the specifics should be confirmed against the SEC's own materials before clients act. Watch for the exemptive order text, any compliance-period conditions, and the first listings or broker-dealer registrations filed under the program.

sectokenized-securitiesinnovation-exemptioncapital-marketsdigital-assetsissuer-disclosure
Read the original firm alert → Wednesday, October 7, 2026

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