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SEC Proposes Tailored Crypto Custody Rule for Investment Advisers

The SEC has proposed a tailored custody framework for crypto assets held by registered investment advisers, replacing a one-size-fits-all regime, MLex reports.

US SEC floats rule to provide tailored crypto-custody framework for advisers - mlex.com
WitnessUS SEC floats rule to provide tailored crypto-custody framework for advisers - mlex.comAI-generated

Outputs

  1. The US SEC has floated a rule establishing a tailored crypto-custody framework for advisers.

  2. The proposal would move digital assets out of custody standards designed for traditional securities.

  3. SEC Chair Paul Atkins has directed staff to develop recommendations on crypto custody and market structure.

  4. The rule will undergo a public comment period before finalization.

The US Securities and Exchange Commission has put forward a rule proposal that would create a tailored custody framework covering crypto assets held by registered investment advisers, according to reporting by MLex.

The proposal signals a shift in the Commission's posture toward digital asset regulation. Rather than forcing crypto holdings into custody standards designed for traditional securities, the SEC is contemplating requirements calibrated to how tokens are actually held, transferred and secured on blockchain infrastructure.

Why does custody matter for advisers?

Federal law already obliges registered investment advisers to keep client assets with qualified custodians. The difficulty is that crypto assets do not fit neatly into that regime. Digital tokens can settle on blockchain networks outside the banking system, and some cannot be held by a traditional custodian in any straightforward way.

That mismatch has produced years of interpretive friction. Advisers, custodians and their counsel have relied on staff statements and no-action positions rather than settled rules, creating compliance uncertainty every time a firm wants to offer token exposure to clients.

A dedicated framework would attempt to resolve that ambiguity. It would give advisers a defined path to demonstrate that client crypto holdings satisfy the custody rule's core protections.

What could the operational consequences be?

For investment advisers, the most immediate effect of a tailored rule would be clarity on what counts as compliant custody. Firms that currently limit crypto offerings because of unresolved custody questions could gain a regulatory basis to expand those services.

For custodians, the stakes are commercial. Banks and trust companies that sat out digital asset custody may revisit the market if the SEC defines the requirements precisely. Qualified custodian status determines who can service adviser clients at scale, and a workable framework would concentrate that business among institutions able to meet the standard.

The proposal also intersects with how advisers handle staking, on-chain transfers and key management. Custody requirements written for securitized ledgers do not map onto private keys and self-custody arrangements without adjustment, and the details of the proposal will determine how much operational re-engineering firms must undertake.

How does this fit the broader SEC agenda?

The custody initiative sits alongside the Commission's wider review of digital asset market structure. Chair Paul Atkins has directed staff to develop recommendations on crypto trading, custody and registration, and a bespoke adviser-custody rule would be a concrete early deliverable from that agenda.

Industry groups have argued for years that custody is among the most solvable problems in crypto regulation. A framework that acknowledges the technical properties of distributed ledgers — without weakening client-asset protections — has been the sector's central ask.

The SEC will seek public comment on the proposal before finalizing any rule. The comment window, and the drafting choices the Commission makes on qualified custodian eligibility and technological safeguards, will determine whether the framework becomes a practical route for advisers or another layer of interpretive burden.

via Google News - Crypto Regulation (Source)

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Daniel Okafor

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Correspondent covering industry trends and analytics at Mempool Brief.

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