SEC No-Action Letter Creates Opening for More Firms to Serve as Crypto Custodians

Core Viewpoint - The U.S. Securities and Exchange Commission (SEC) has indicated it will not take enforcement action against registered investment advisors and crypto fund issuers for using state-chartered trusts to hold digital assets, signaling a shift towards a more accommodating regulatory environment for the crypto industry [1][4]. Group 1: SEC Guidance and Implications - The updated guidance from the SEC's Division of Investment Management allows more organizations, including affiliates of major crypto firms like Coinbase and Ripple, to act as custodians for digital assets [2]. - The SEC's letter clarifies that as long as certain criteria are met, registered advisors and regulated funds can treat state trust companies as banks for the custody of crypto assets and related cash [3]. - This marks a departure from the previous regulatory stance under former Chair Gary Gensler, who aimed to restrict the types of organizations that could hold digital assets [4]. Group 2: Regulatory Framework and Responsibilities - The Investment Advisers Act of 1940 mandates that advisors must maintain client assets with qualified custodians, which crypto advocates have leveraged to broaden crypto initiatives [5]. - Although the SEC's letter does not constitute a formal rule, it emphasizes that advisors must ensure registered trusts are authorized by banking authorities to provide crypto custody services and have adequate policies for asset protection [5]. - Custodial agreements must stipulate that trusts cannot use client funds without consent and that crypto assets will be kept separate from the trust's own assets [6].