SEC proposes custody framework for crypto held by investment advisers and funds, October 1
The SEC announced new rules and amendments on October 1 that would establish tailored custody standards for registered investment advisers and regulated funds holding crypto assets. The proposal permits self-custody under certain conditions and allows state trust companies to serve as custodians, replacing years of regulatory ambiguity that has blocked institutional crypto adoption.
The Securities and Exchange Commission announced on October 1 a proposal to establish a tailored custody framework for crypto assets held by registered investment advisers and regulated funds, replacing years of regulatory uncertainty that has limited institutional adoption of digital assets.
The proposal amends rules under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 to clarify how advisers and funds can custody crypto assets. Under the proposed framework, crypto assets may be held in self-custody under certain circumstances, and state trust companies would be permitted to serve as custodians for client and regulated fund holdings.
SEC Chairman Paul S. Atkins said in the agency's announcement that existing custody rules have not kept pace with the crypto market's growth and that the proposal replaces "the grey of uncertainty created by custody rules crafted for a bygone era." The crypto asset market has expanded from a niche category in 2008 into a multi-trillion-dollar asset class, per the SEC's statement.