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Crypto Regulation

SEC Proposes Letting More Investment Firms Custody Crypto Assets

The U.S. Securities and Exchange Commission on October 1 proposed allowing more firms to hold digital assets on behalf of clients. Under the 760-page proposal, investment managers could custody client crypto if they determine no other qualified custodian is available, and state trust companies would also be permitted to offer custody services. The rule aims to close the gap between fast-growing crypto securities and the pool of qualified custodians, currently limited mainly to banks and brokerages.

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AI take

The proposal reframes custody as a capacity problem rather than a permission problem: by letting advisers fall back to less conventional custodians when no qualified one is available, it acknowledges that the bottleneck has been the supply of regulated holders, not demand. State trust companies stand to gain the most, since they gain a federal path into a business dominated by banks and brokerages. The open question is whether the "no other qualified custodian available" test becomes a workable standard or a litigation magnet, and how state regulators react to their charters being used this way.

Generated by AI for reference only.

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