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Tokenisation of investment funds: some legal challenges

Reported by Ashurst
Jul 22, 2025· 2 min read
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Key Takeaways
  • • The tokenized assets market is projected to reach $18.9 trillion by 2033, representing a fundamental reshaping of financial services comparable to prior industrial and information revolutions.
  • • Fund tokenization offers multiple operational benefits including near-instantaneous settlement and reduced administrative inefficiencies, positioning it as a significant institutional adoption driver.
  • • Legal uncertainty around the regulatory status of tokenized assets within established frameworks remains the primary barrier to broader market adoption, though regulation is expected to continue developing and maturing.
  • • Digital assets are at an inflection point with anticipated increased institutional participation, expanded use cases, and a fundamental mindset shift positioning blockchain as core infrastructure within the financial ecosystem.
  • • Distributed ledger technology (DLT) and blockchain enable tokenization through replicated digital ledgers that store transactions, records, and operations across networks of computers, creating the technical foundation for asset representation.
Summary
The tokenization of investment funds represents a transformative technological shift in financial services infrastructure, with market projections indicating the tokenized assets sector will expand to $18.9 trillion by 2033. This trajectory mirrors the scale and scope of prior revolutionary periods in finance—the industrial and information revolutions—suggesting fundamental structural changes across the entire financial services landscape. As institutional investors and alternative asset managers evaluate participation in this emerging ecosystem, understanding the legal and regulatory architecture becomes essential.

Tokenization—the process of creating a digital representation of a pre-existing real asset—delivers concrete operational advantages for fund managers and investors. Near-instantaneous settlement capabilities and meaningful administrative efficiencies represent significant improvements over traditional fund infrastructure, particularly relevant for large-scale institutional deployment. These benefits are driving institutional adoption across asset classes and use cases, positioning tokenization as more than a speculative technology experiment.

However, legal and regulatory uncertainty currently constrains broader adoption. The primary challenge stems from ambiguity surrounding the legal status and enforceability of tokenized assets within existing regulatory frameworks. Questions persist regarding whether digital tokens constitute legally enforceable claims on underlying fund assets and how existing securities, investment fund, and custody regulations apply to tokenized structures. This uncertainty affects custodian responsibilities, investor protections, and operational clarity across jurisdictions.

The foundational technology enabling tokenization relies on distributed ledger technology (DLT) and blockchain systems. These systems create digitally replicated ledgers distributed across computer networks, storing transactions, records, and operational data in structured formats. This architecture provides the infrastructure layer supporting digital asset representation and settlement.

Market participants anticipate that legal and regulatory frameworks will continue maturing as regulators develop clearer guidance and legislation addressing tokenized asset status, custody arrangements, and operational standards. This regulatory evolution is expected to build institutional confidence and accelerate adoption timelines. For sophisticated investors, the window for early positioning in tokenized fund structures—before regulatory clarification—presents both opportunity and execution risk requiring careful due diligence.

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Sources

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AlphaMaven summarised this story from the reporting below. Each link opens the original article.

Ashurst Tokenisation of investment funds: some legal challenges