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SEC proposes new crypto custody rules for investment advisers and funds

By Diego Whitfield · · 2 min read

The U.S. Securities and Exchange Commission has unveiled a proposed rule aimed at clarifying how investment advisers and funds should safeguard their clients' cryptocurrency holdings, addressing a long-standing gray area that has left many firms uncertain about compliance.

A Framework for Digital Asset Custody

The proposal seeks to establish clearer standards for the custody of crypto assets, an area that has created confusion for registered investment advisers and funds operating in the digital asset space. For years, firms have struggled to reconcile traditional custody requirements with the unique technical realities of blockchain-based assets.

The move represents a notable shift toward engagement rather than enforcement, with the regulator attempting to map out a practical path for institutions that want to offer or hold crypto on behalf of clients. The rulemaking signals the agency's willingness to accommodate digital assets within the existing regulatory architecture.

The proposal marks a turning point in how Washington approaches the thorny question of safeguarding digital assets.

A Milestone for the Crypto Task Force

The timing of the proposal carries symbolic weight, arriving as Commissioner Hester Peirce prepares to depart this week. Peirce served as the inaugural head of the SEC's Crypto Task Force and has been one of the agency's most vocal advocates for regulatory clarity in the digital asset industry.

Often referred to as "Crypto Mom" within the community, Peirce has long pushed for rules that give market participants certainty rather than relying on enforcement actions to set policy. The custody proposal effectively serves as a parting contribution to the agenda she championed during her tenure.

Key aspects of the development include:

  • A proposed rule addressing custody of crypto for advisers and funds
  • The advancement of the SEC's broader digital assets policy agenda
  • The departure of a key figure who shaped the agency's crypto approach

The proposal now enters a period during which industry participants and the public can weigh in before any final rule is adopted, setting the stage for continued debate over how digital assets fit into the regulatory framework.

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