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SEC Proposes Major Rewrite of Transfer‑Agent Rules to Cover Tokenized Securities

The draft lets transfer agents use electronic and blockchain records, seeks public comment on wallet identity and legal ownership, tightens disclosure and safeguard rules.

Overview

  • The SEC published the proposal on Sept. 1, 2026, and will take public comment for 60 days after it appears in the Federal Register before any final vote.
  • The package formally allows transfer agents to keep master shareholder files on electronic systems or distributed ledgers under a technology‑neutral standard while keeping a registered transfer agent responsible for the official record.
  • Proposed Rule 17ad‑31 would strengthen how restrictive legends are enforced for tokenized securities and could require technical controls, such as smart‑contract logic, to block or record restricted transfers.
  • Changes to Form TA‑2 would force agents to disclose use of distributed ledgers, report issuer‑sponsored versus third‑party tokenized issues, and identify outside tokenization providers.
  • The draft adds tighter safeguards for record integrity, cybersecurity, custody segregation and business continuity and raises practical questions about linking wallet addresses to legal identities and reconstructing records if a ledger or credentials fail.