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US SEC proposes new routes for funds to hold crypto assets

The US Securities and Exchange Commission proposed a framework for investment advisers and regulated funds to hold crypto assets. It would allow custody within the organisation in certain circumstances and permit state trust companies to serve as custodians. The proposal addresses access to crypto investment strategies, with a 60-day public comment period following its publication in the Federal Register.

Economics & Markets··Midday
A cryptocurrency hardware wallet rests inside an open custody vault.

Advisers and funds gain proposed custody options

The US Securities and Exchange Commission, the federal securities regulator, proposed a new crypto-asset custody framework for registered investment advisers and regulated funds on 1 October. The plan would permit advisers and funds to hold crypto assets themselves in certain circumstances.[1], [2]

State trust companies could also serve as custodians for client and fund crypto assets. The fund category covers registered investment companies and business development companies. The amendments sit under the Investment Advisers Act of 1940 and the Investment Company Act, also passed that year.[1]

Audits and broker custody enter the amendments

The changes also cover financial-statement audits for registered investment advisers and broker-dealer custody services for regulated funds. The commission aims to adapt those requirements to current industry practices and remove barriers to crypto-related investment advice. It also seeks broader access to crypto investment strategies through regulated funds.[1]

Public comments remain open for 60 days

SEC chairman Paul S. Atkins argued that custody rules had failed to keep pace with the crypto market’s growth since Bitcoin emerged in 2008. The public comment period lasts 60 days after the proposing release appears in the Federal Register, the US government’s official publication for regulatory notices.[1]

References

  1. News sourceSECSEC proposes crypto custody rules for funds and investment advisers↩1↩2↩3↩4
  2. News sourceThe BlockUS SEC proposes crypto custody framework for advisers and funds↩