Republican Rep. Mike Flood of Nebraska and Democratic Rep. Ritchie Torres of New York recently sent a letter to the Securities and Exchange Commission (SEC), urging the regulator to not further limit certain financial stakeholders in its proposed rule for tightening cryptocurrency custody requirements. This comes after the SEC proposed a rule in February, which would require registered investment advisers to keep crypto with a qualified custodian.
Qualified custodians are responsible for maintaining client funds, and can include banks or broker-dealers. The SEC rule would impose certain requirements, such as the segregation of investors’ assets. Amidst ongoing discussions about the proposed rule, the SEC also asks if the rule should only apply to specific banks, particularly those subject to federal regulation.
The main point of contention highlighted by Torres and Flood is that the exclusion of state-regulated institutions from becoming qualified custodians could stifle competition, given the very small number of digital asset custodians currently available in the market. The lawmakers stressed the importance of maintaining a pathway to state-regulated custodians.
The topic of crypto custody has generated significant pushback since the SEC’s rule proposal on February 15. At the time, SEC Chair Gary Gensler argued that the proposal would help protect advisers from inappropriately using, losing, or abusing investors’ assets. Gensler also noted that although some crypto trading and lending platforms claim to custody investors’ crypto, it does not automatically qualify them as custodians.
Notably, crypto exchange Coinbase has also expressed concerns about the proposal. Earlier this month, the company’s Chief Legal Officer Paul Grewal took to Twitter, suggesting that while Coinbase generally agrees with the proposal, some parts need to be altered. Grewal also argued that the proposal unnecessarily singles out crypto and makes inappropriate assumptions about custodial practices based on securities markets.
As the debate around the SEC’s proposed rule continues, it is clear that both proponents and opponents place a strong emphasis on the need to protect investors and maintain market competition. The conflict lies in determining the most appropriate approach to strike a balance between safeguarding investors’ assets and allowing for diverse custodial solutions. With the future of cryptocurrency regulations at stake, the outcome of this discussion will undoubtedly have a profound impact on the way crypto is managed and safeguarded in the years to come.
Source: Cryptonews
