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Legal & Tokenization

Digital Securities and Securities-Law Basics for Issuers

September 27, 20266 min readFrom digitalsecuritiesattorney.com
Digital Securities and Securities-Law Basics for Issuers — cover image

Calling something a digital security means the securities rules apply. Here is the issuer-level overview before you talk to counsel.

A digital security is still a security

Putting a security on a blockchain does not remove it from securities law. The rules around registration, exemptions, and disclosure still apply.

The design questions are about how a tokenized security fits existing frameworks, not whether those frameworks apply.

Registration vs. exemption

Most issuers use an exemption rather than a full registration. The right exemption depends on the offering size, the buyers, and resale plans.

Each exemption carries its own limits and obligations. Choosing one is a legal decision, not a marketing one.

What stays your job

Even with an exemption, issuers own disclosure, recordkeeping, and transfer restrictions. A token does not automate the legal responsibilities.

Plan for the ongoing work, not just the launch. Compliance is a schedule, not an event.

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