Who Regulates Tokenized Securities? New Developments in the SEC vs. CFTC Jurisdiction Battle at Congressional Hearings

Markets
Updated: 2026-03-26 11:11

March 2026 marked a pivotal moment as the U.S. House Financial Services Committee convened what many in the industry called "the most important" hearing on tokenization to date. With the total on-chain market value of RWAs (Real-World Assets) surpassing $26.7 billion, this hearing was not just another policy discussion—it signaled the beginning of a systematic review by U.S. regulators of real-world asset tokenization.

At the heart of the hearing was a critical issue that has hindered large-scale institutional investment in recent years: regulatory uncertainty. When 66% of institutional investors cite "unclear regulation" as their primary reason for avoiding digital assets, formal Congressional involvement signals a shift in the RWA compliance framework from "passive interpretation" to "proactive construction."

How Has the Structural Role of RWAs Changed?

The $26.7 billion on-chain market value of RWAs is itself a sign of structural transformation. Compared to a market size of less than $1 billion three years ago, RWAs have moved beyond the experimental phase driven by a handful of protocols. Now, U.S. Treasuries, private credit, and commodities—traditional financial assets—are leading the way in a new phase of scale. The essence of this change is a paradigm shift: the crypto market is moving from purely native on-chain assets to bringing off-chain value onto the blockchain. As the tokenization of traditional financial assets becomes irreversible, regulators must transition from "case-by-case approvals" to "systematic legislation." This hearing is a regulatory response to that structural shift.

Regulatory "Fork in the Road"

One of the central debates at the hearing was jurisdiction over tokenized securities. The boundary between the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) has long been blurred in the crypto asset space. For tokenized assets with both investment and payment characteristics, a single regulator often cannot cover all risks. While the hearing did not provide a definitive jurisdictional split, it sent two key signals: First, Congress favors joint rulemaking rather than simply fitting tokenized assets into existing frameworks. Second, a "functional regulation" approach is emerging, where regulatory authority is determined by the economic substance of the asset, not its issuance form. This shift will directly impact future RWA products’ compliance costs and market entry thresholds.

Structural Costs of Compliance

Greater regulatory clarity comes at a price. According to information disclosed at the hearing, if tokenized securities fall under traditional securities law, they will face a full suite of compliance requirements: registration, disclosure, custody, and investor suitability management. This means the current "light compliance, fast on-chain" model widely used by RWA projects will become unsustainable. Rising compliance costs will accelerate market segmentation: projects with traditional finance backgrounds and ample compliance resources will gain a systemic advantage, while those focused on technical innovation will face pressure to adapt. Essentially, these structural costs are the price of transitioning the industry from an "experimental phase" to an "operational phase."

Deep Reshaping of the Crypto Market Landscape

The regulatory direction indicated by the hearing is fundamentally reshaping the crypto market’s underlying logic. In recent years, RWA value has been concentrated on the asset side—what traditional assets can be tokenized. Now, the establishment of regulatory frameworks is shifting the competitive focus to infrastructure: whoever can build technical protocols that meet compliance requirements across multiple jurisdictions will become the foundational service provider in the RWA market. This evolution will drive the crypto market from "asset-driven" to "infrastructure-driven," with the value of on-chain compliance layers, identity verification, and data disclosure technology being re-evaluated. For exchanges and other market infrastructure providers, this means they must build trading and custody systems capable of handling compliant assets.

$2 Trillion Blueprint for 2030: Three Possible Paths Forward

Based on policy signals from the hearing and current market size, there are three clear paths for RWA development going forward. The first is the "gradual integration path," where regulatory frameworks become clearer, traditional financial institutions enter via pilot programs, and the RWA market reaches $1–2 trillion by 2030. The second is the "regulatory bifurcation path," where the U.S., EU, and Asia establish distinct regulatory frameworks, resulting in a multi-centered market structure capped at $500 billion. The third is the "infrastructure-led path," where tokenization standards and compliance protocols become the industry’s core barriers, market size exceeds $2 trillion, but most value concentrates in a few infrastructure protocols. The regulatory tendencies shown at the hearing most closely align with the first path, but the ultimate trajectory will depend on subsequent legislative developments.

Risk Boundaries: New Risks Emerging from Regulatory Clarity

While greater regulatory clarity reduces uncertainty, it also introduces new risk structures. First, unified compliance requirements may end "regulatory arbitrage," putting RWA projects that rely on low regulatory thresholds at risk of losing their business models. Second, unclear custody responsibilities for tokenized assets could trigger liquidation chain risks during future market volatility. Third, if the regulatory framework leans too heavily toward traditional finance logic, it may stifle native on-chain innovation, turning the RWA market into a simple mirror of traditional assets rather than a new paradigm of value creation. These risks were all discussed at the hearing, but robust mitigation mechanisms have yet to emerge.

Conclusion

The $26.7 billion on-chain market value is a crucial backdrop for the U.S. House’s tokenization hearing, but its significance goes far beyond that. This hearing marks the transition of RWAs from "industry narrative" to "institutional construction." Regulatory clarity is no longer an abstract slogan—it’s becoming tangible through jurisdictional splits, compliance costs, infrastructure standards, and other actionable institutional designs. Over the next three years, core competition in the RWA market will shift from technical breakthroughs to compliance capabilities and institutional adaptability. For market participants, understanding the regulatory logic underlying the hearing is far more valuable in the long run than simply tracking market cap growth.

FAQ

Q: Did this hearing result in a clear regulatory bill for tokenization?

A: This hearing was a policy discussion ahead of legislation and did not pass any specific bills. Its main significance lies in Congress’ institutional focus on RWA regulation and laying the groundwork for future legislation.

Q: What is the source of the $26.7 billion on-chain RWA market value?

A: This figure is based on market statistics as of March 2026, aggregating the total value of on-chain assets across multiple RWA protocols, including tokenized Treasuries, private credit, and commodities.

Q: How will jurisdiction over tokenized securities be divided between the SEC and CFTC?

A: The final division has not yet been determined. Signals from the hearing favor a "functional regulation" model, where jurisdiction is based on the asset’s specific economic function rather than its issuance form. Joint rulemaking may be the solution in the future.

Q: How much will compliance costs for RWA projects increase after regulatory clarity?

A: The exact increase depends on the final regulatory framework. If tokenized securities are included in the existing securities law system, compliance costs may rise by 30% to 50%, mainly affecting legal, audit, and custody processes.

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