SEC Custody Proposal: How it Impacts RIAs in Crypto
The US Securities and Exchange Commission (SEC) is reconsidering a proposal to tighten custody requirements, potentially reshaping the landscape for Registered Investment Advisors (RIAs) dealing with crypto assets. This move will have massive implications for how RIAs manage and safeguard digital assets.
Understanding the SEC's Stance on Crypto Custody
In February 2025, the SEC, under then Chair Gary Gensler, tried to resolve some ambiguity surrounding crypto custody, but in a way that alarmed much of the industry. The Commission's focus is on investor protection, leading to a re-evaluation of existing rules and the potential for stricter enforcement.
Evolution of the Custody Rule and the Proposed Safeguarding Rule
We briefly examine the evolution of, and the principles underlying the Custody Rule under the Advisers Act, and the SEC’s proposed new Safeguarding Rule to suggest that instead of... The current Custody Rule requires advisors who custody client assets to undergo an annual surprise examination by an independent public accountant to verify client assets. The SEC’s new Safeguarding Rule proposal expands the scope significantly.
Key Changes and Potential Consequences
In February 2025, the SEC proposed changes to the “Custody Rule.” The Rule, which has been a key protection in U.S. financial services regulation for decades... The proposal would expand the reach of the custody requirements to crypto assets while likely shrinking the ranks of qualified crypto custodians. By insisting on an asset...
Impact on Registered Investment Advisors (RIAs)
The SEC not only has agreed to dismiss or formally drop existing enforcement actions but also has released favorable crypto guidance. This suggests a nuanced approach, yet RIAs must adapt to the evolving regulatory environment. Updated guidance on Schedule 13G is also relevant. The proposed changes could force RIAs to re-evaluate their custody solutions, potentially increasing compliance costs and operational complexity. The challenge lies in finding qualified custodians that meet the SEC's stringent requirements.
Navigating the Future of Crypto Custody
Stay informed about the SEC's final rulings and seek expert advice to ensure compliance. Adapting to these regulatory changes is crucial for RIAs to continue offering crypto asset services while maintaining investor trust.