Michael Burry says the SEC's plan to trade stocks like crypto could create a nightmare for investors
By Maksym Misichenko · Yahoo Finance ·
By Maksym Misichenko · Yahoo Finance ·
What AI agents think about this news
The panel consensus is that the SEC's 'innovation exemption' for tokenization poses significant risks, including market fragmentation, price divergence, loss of regulatory oversight, and governance ambiguity. The potential benefits of tokenization, such as T+0 settlement and global access, are not seen as sufficient to outweigh these risks.
Risk: Loss of regulatory oversight and market surveillance due to trading migrating to permissionless ledgers, leading to a total collapse in regulatory protection for retail investors.
Opportunity: None identified
This analysis is generated by the StockScreener pipeline — four leading LLMs (Claude, GPT, Gemini, Grok) receive identical prompts with built-in anti-hallucination guards. Read methodology →
The Securities and Exchange Commission (SEC) has a plan to let people trade stocks on the blockchain, buying and selling them like crypto.
“Big Short” investor Michael Burry isn’t happy about that, to say the least.
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“We may be headed full-on to a Snow Crash cyber-punk future,” said Burry this week on his Substack, Cassandra Unchained (1). “This may be the point in time that needs to be stopped from going forward by some future being.”
If the plan goes through, stocks could be tokenized without a company’s consent and traded 24/7, unlike the U.S. stock market, which opens at 9:30 a.m. ET and closes at 4 p.m. ET on weekdays only.
Burry isn’t the only big name in investing that’s against stock tokenization. Citadel Securities, a major trading firm, sent a letter to the SEC pushing back against the plan in December 2025 (2).
Here’s what the change would mean for both companies and consumers.
Bloomberg reports that there will be two types of tokenized stocks under the SEC’s new “innovation exemption” plan: stocks that the companies tokenize themselves or authorize to be tokenized, and stocks that are tokenized by third parties without the company’s consent (3).
Third-party tokenized stocks might not carry all of the privileges that stocks normally come with, such as voting rights and dividends. On the other hand, you would get immediate proof of ownership backed by the blockchain.
“The tokens may not represent actual ownership of the company, and token holders may not get all the benefits of the share,” Daniel Labovitz, CEO of Green Impact Exchange (4), told Business Insider.
Tokenized stocks could also cause fragmentation, Labovitz says: “When the same security trades in different markets that aren’t connected to each other, the price of assets can diverge, meaning that some buyers will overpay for their token.”
This is especially likely since crypto markets are open 24/7, while the stock market operates under much more limited hours. That gives the two markets plenty of time to get off-sync.
Citadel Securities also voiced concerns about fragmentation in their letter to the SEC.
“While the rules governing the national market system can continue to be finetuned, facilitating the emergency of a “shadow” U.S. equity market… would allow tokenized U.S. equities to trade completely outside of the national market system, fragmenting liquidity and undermining core investor protections,” it said.
Four leading AI models discuss this article
"Unauthorized third-party tokenization poses the primary fragmentation threat, while authorized versions may integrate without major disruption if linked to the NMS."
The article emphasizes Burry's and Citadel's warnings on fragmentation and shadow markets from third-party tokenized stocks trading 24/7 outside the NMS, potentially causing price divergences and diluted shareholder rights. Yet it downplays that authorized tokens could enable T+0 settlement and global access while preserving dividends and voting, as seen in existing blockchain pilots. Unmentioned is how arbitrage between venues might limit divergence, and that the 'innovation exemption' explicitly separates consented versus non-consented issuances. The core risk lies in enforcement gaps for unauthorized tokens rather than the concept itself.
Even authorized tokens could erode corporate control if blockchain voting fragments governance, and 24/7 trading might amplify volatility during off-hours without traditional circuit breakers.
"Fragmentation risk is real but contingent on execution and adoption rates the article treats as predetermined; the core problem is regulatory design, not tokenization itself."
The article conflates two separate issues: SEC tokenization policy and market fragmentation risk. Burry's 'Snow Crash' rhetoric is theatrical—the real issue is narrower. Yes, 24/7 trading of off-exchange tokenized stocks could create price divergence versus official markets. But the article omits critical context: the SEC's 'innovation exemption' is still in proposal phase with no final rule. Citadel's opposition reflects self-interest (they profit from current market structure), not necessarily investor harm. The actual risk isn't tokenization itself—it's *unregulated* tokenization without custody standards, settlement finality, or corporate action handling. That's solvable through rule-writing. The article treats this as inevitable doom rather than a regulatory design problem.
If tokenized stocks eventually capture even 5-10% of daily equity volume, fragmentation becomes real and unavoidable—no amount of SEC rule-writing eliminates the math of two non-connected order books. Burry may be right that the genie, once out, can't be put back.
"Unauthorized tokenization will create a fragmented 'shadow' equity market that degrades price discovery and exposes retail investors to significant arbitrage risks."
The SEC’s potential push toward tokenization is a structural nightmare that threatens the integrity of the National Market System (NMS). By allowing unauthorized third-party tokenization, the SEC risks bifurcating liquidity between regulated exchanges and 'shadow' blockchain ledgers. This creates massive arbitrage opportunities that favor high-frequency firms like Citadel, while retail investors face 'price divergence'—essentially paying different prices for the same underlying asset. Without a unified settlement layer, we are looking at a fragmented market structure that undermines the SEC’s mandate to protect investors. I expect increased volatility and wider bid-ask spreads for any equity subject to unauthorized tokenization, as price discovery becomes fractured across disconnected venues.
Tokenization could democratize access by enabling fractional ownership and instant T+0 settlement, potentially lowering costs for retail investors who are currently hampered by legacy clearinghouse inefficiencies.
"Tokenizing stocks without full corporate consent and without guaranteed cross-venue coordination threatens investor protections and price integrity unless custody, voting rights, and unified settlement are preserved."
The article treats SEC tokenization as an existential threat to fairness, but the real risk is market structure fragility. Two flavors of tokenized stocks—with and without company consent—create governance and rights ambiguity: some tokens may lack voting or dividends, undermining the equity proposition. 24/7 trading divorced from the U.S. market's hours could spawn cross-venue arbitrage, divergent pricing, and 'shadow' liquidity that escapes the national market system. The piece glosses over custody, risk controls, and how corporate actions would be handled. Regulatory guardrails matter: if the framework remains vague, the downside risk to investors could eclipse any potential liquidity gains.
Counterpoint: if tokenized stocks preserve voting rights and dividends, with robust custody and cross-venue settlement, the fragmentation risk may be overstated. It could actually unlock deeper, 24/7 liquidity and more resilient price discovery.
"Even regulated tokenization cannot prevent enforcement gaps that split corporate actions across ledgers."
Claude assumes rule-writing can contain fragmentation, but the math of disconnected 24/7 ledgers is secondary to enforcement: once tokens exist on public chains, distinguishing consented from shadow issuances in real time is impractical. Retail investors will face mismatched dividends and voting rights across venues long before any custody standards take effect. This governance split, not just liquidity math, is the durable risk the proposal leaves unaddressed.
"Enforcement gaps are structural, not solvable by ex-post rule-writing once tokenization is live and politically defended."
Grok flags enforcement as the crux, but underestimates regulatory capture risk. The SEC's 'innovation exemption' proposal itself signals political pressure to enable tokenization despite fragmentation math. Once exempted, retrofitting custody standards becomes negotiation with entrenched blockchain firms, not rule-writing. Gemini's HFT arbitrage concern is real—but the *actual* winners aren't Citadel; they're token issuers and custodians capturing spread between venues. Retail bears the divergence cost.
"Tokenization on public ledgers effectively destroys the SEC's ability to conduct meaningful market surveillance via the Consolidated Audit Trail."
Claude, you’re missing the second-order effect: the 'innovation exemption' isn't just about custody; it’s a death knell for the Consolidated Audit Trail (CAT). If trading migrates to permissionless ledgers, the SEC loses its ability to surveil cross-market manipulation. We aren't just talking about price divergence; we are talking about a total collapse in regulatory oversight. Once liquidity fragments, the 'National' in NMS becomes a misnomer, rendering current market surveillance tools functionally obsolete for retail protection.
"The real systemic risk is regulatory oversight erosion via the innovation exemption, enabling 24/7 tokenized liquidity that outpaces surveillance and misaligns corporate actions, dividends, and voting across venues."
Gemini is right to worry about price divergence, but the deeper flaw is oversight collapse. If the SEC moves forward with the innovation exemption, cross-market surveillance and CAT-backed governance lose teeth; 24/7 tokenized liquidity on permissionless ledgers can outpace regulators, not just produce arbitrage. The risk isn't mere 'shadow liquidity'—it's a structural erosion of how corporate actions, dividends, and voting are synchronized across venues.
The panel consensus is that the SEC's 'innovation exemption' for tokenization poses significant risks, including market fragmentation, price divergence, loss of regulatory oversight, and governance ambiguity. The potential benefits of tokenization, such as T+0 settlement and global access, are not seen as sufficient to outweigh these risks.
None identified
Loss of regulatory oversight and market surveillance due to trading migrating to permissionless ledgers, leading to a total collapse in regulatory protection for retail investors.