Asset Tokenization in India: AAP's Raghav Chadha Calls for New Law
India Debates Asset Tokenization Law: What It Means

The Indian policy landscape is turning its attention to a novel financial concept: asset tokenization. This shift follows a recent call in Parliament for dedicated legislation, sparking a crucial debate on how to regulate the digital representation of real-world assets on blockchains and its implications for millions of investors.

What is Asset Tokenization and Why is it in the News?

The conversation entered the policy spotlight after Aam Aadmi Party (AAP) leader Raghav Chadha addressed the Rajya Sabha last week. He advocated for the introduction of a specific law to govern asset tokenization in India. Drawing a parallel to the revolutionary Unified Payments Interface (UPI), Chadha argued that this technology could democratize investment, breaking high-value assets out of the exclusive domain of the wealthy.

At its core, tokenization is the process of converting rights to a physical or financial asset into a digital token on a blockchain. These tokens act as on-chain records and can be stored or traded digitally. Unlike purely digital cryptocurrencies like Bitcoin, tokenized assets are fundamentally backed by real-world value—be it real estate, gold, stocks, or even intellectual property.

Chadha positioned tokenization as a transformative innovation for the twenty-first century, one that could offer the middle class access to commercial real estate, infrastructure projects, and private assets. He highlighted its potential to provide higher returns, secure retirement savings, and inject liquidity into traditionally illiquid markets.

Global Examples and the Mechanics of Tokenization

While still emerging, real-world applications are demonstrating its potential. Globally, assets are already making their way onto blockchains. For instance, the St. Regis Aspen Resort in Colorado was tokenized via the 'Aspen Coin'. In a different vein, PAX Gold (PAXG) tokens represent physical bullion stored in secure vaults. More traditional finance is also engaging, with firms like OpenEden Labs tokenizing U.S. Treasury bills.

Tokenization typically follows one of two models. The first grants direct ownership rights over the underlying asset. The second model mirrors an asset's price or performance without transferring direct ownership, similar to how Exchange-Traded Funds (ETFs) operate. This flexibility allows for innovation but also creates complexity.

The movement is gaining institutional traction. In a significant step, the U.S. Securities and Exchange Commission (SEC) recently allowed the Depository Trust & Clearing Corp. (DTCC) to provide certain securities tokenization services. Furthermore, in September, Nasdaq applied to U.S. regulators to allow tokenized stocks to trade under traditional equity rules.

Weighing the Promise Against the Pitfalls

The most touted advantage of tokenization is fractional ownership. It allows investors to own a piece of a luxury hotel, a famous painting, or a prime real estate project, thereby lowering entry barriers dramatically. This can improve liquidity for otherwise hard-to-sell assets. Blockchain's inherent transparency and the use of smart contracts could also reduce transaction costs and settlement times.

However, the risks at this nascent stage are substantial. A major concern is regulatory uncertainty and the varying degrees of investor protection across different countries. Many current tokenized stock offerings resemble derivatives, often lacking voting rights, dividends, or proper disclosures. Earlier this year, Robinhood offered tokenized shares of OpenAI and SpaceX in Europe, only for OpenAI to clarify it did not recognize these tokens as company equity.

Other challenges include the legal recognition of digital ownership, complex valuation for unique assets, tax implications, and cybersecurity threats. Critics also point out that existing structures like Real Estate Investment Trusts (REITs) already provide exposure to similar asset classes, questioning the incremental value of tokenization.

The Evolving Regulatory Landscape

Globally, regulators are grappling with how to fit tokenized assets into existing frameworks. In the United States, the SEC maintains that tokenized securities are still securities and must comply with all federal disclosure and trading rules. The European Union regulates them under its Markets in Crypto-Assets (MiCA) framework, with the European Central Bank running its own tokenization pilot.

Financial hubs like Singapore and Dubai have also established regulatory guidelines. In India, the call from Raghav Chadha sets the stage for a crucial policy discussion. As Finance Minister Nirmala Sitharaman has previously noted the need for global oversight for currency tokenization, India's approach to asset tokenization will be closely watched. The debate now centers on whether a new, bespoke law is needed or if existing financial regulations can be adapted to harness this blockchain innovation while safeguarding investors.