Ten Opt-Outs Claimed Against a Notice Listing Nine
Figure co-founder Mike Cagney says 10 companies had opted out of tokenized stock issuance on OKXICE as of last week, a count that exceeds the nine objecting issuers named in the venue’s own October 15 notice. In his October 19 post, Cagney argued that companies should benefit on a first-order basis because an underlying DTC share backs each token, giving issuers a marginal buyer, but he questioned the product beyond that. He wrote that it remains unclear whether the ecosystem offers a path to leverage or stock lending, and that the uncertainty works against investors. The SEC’s order backs his reading of the rules: a section titled “No Leverage” bars a qualifying venue from extending credit to participants buying tokenized stock, from lending securities or nonsecurity crypto assets on the venue, and from permitting those assets to be pledged. OKXICE’s notice independently states that it does not extend credit, and neither document announces a future lending or margin service. Qualifying tokens must preserve shareholder rights, distinguishing them from products that offer only price exposure. Cagney concluded that, without financing functionality, the offering provides little improvement over offshore stock tokens, and that U.S. investors are better served on national markets while foreign investors can obtain price exposure elsewhere. He nevertheless left room for a commercial advantage through OKX’s customer reach.
Nasdaq Excludes Its Own Shares From Third-Party Venues
The October 15 notice lists Cerebras Systems, AppLovin, Applied Digital, Rocket Lab, CoreWeave, Broadcom, Verizon Communications, Applied Optoelectronics and UnitedHealth Group as objecting issuers. The objections trace back through successive disclosures: the venue’s October 4 version recorded Cerebras, an October 8 revision added three names, and the October 15 document brought the published count to nine. Eight of the objectors appeared among the original 63 prospective listings, with Cerebras sitting outside that lineup. Under the SEC framework, an issuer can block a venue from carrying an unaffiliated third party’s tokenized version of its stock, a veto that does not amount to a general ban on tokenizing that company. Trading in such a token cannot begin until at least 30 calendar days after the issuer receives written notice, and the venue must disclose a received objection within five business days. Nasdaq, which is not among the nine, has said it will opt its own shares out of the framework; a Nasdaq spokesperson said it does not want its stock trading on a venue that fails to show the best prices in real time or report trades to the consolidated tape. The October 15 notice confirms that OKXICE is not registered with the SEC, is not subject to Regulation NMS, caps trading at a slice of each stock’s normal volume and can upgrade its smart contracts without advance notice.
