New SEC Custody Rules Target Digital Assets: Incoming Regulation?

New SEC Custody Rules Target Digital Assets: Incoming Regulation? Gary Gensler. Fuente: YouTube/SEC

The US Securities and Exchange Commission has unveiled a set of new rules designed to enhance asset protection for investors in response to a series of collapses at major crypto firms last year, sparking concern among stakeholders. of the industry. on your site. the pipe

The US regulator aims to cover all assets with the new rules, including crypto, which is in line with the goals identified by US lawmakers, according to SEC Chairman Gary Gensler. .

"I support this proposal because, using the significant powers that Congress gave us after the financial crisis, it would help ensure that advisers do not misuse, lose or misuse investor assets," Gensler said. release.

“In particular, Congress gave us the power to expand the Consultant Custody Rule to apply to all assets, not just funds or securities. In addition to this, investors would benefit from changes to the proposal to enhance the protections offered by qualified custodians. Therefore, with this expanded custody rule, investors who work with advisers would receive the proven protections they deserve for their assets, including crypto assets, in accordance with the provisions of Congress”, according to the president of the agency.

Under the plan, the proposed rules seek to expand the application of the current investment advisor custody rule beyond funds and securities of service clients, including assets of service clients held by an investment consultant, or at the time when an investment consultant has the power to secure possession of the user's resources. assets, according to the statement. The proposed rule would delegate custody of service customer assets to qualified custodians, such as some banks or brokers.

“The proposed changes are intended to ensure that qualified custodians provide certain standard custody protections when holding the assets of an advice user. These protections are designed, among many other things, to ensure that the assets of service customers are appropriately set aside and held in accounts to safeguard the assets in the event of bankruptcy or other insolvency of a qualified protector," the regulator said.

Under Gensler's leadership, the SEC has stepped up its sacrifices to impose stricter regulations on players in the crypto industry, which is often controversial due to its hardening approach. Among many other things, last December the regulator issued a new directive stating that companies must disclose how business bankruptcies and their subsequent effects "have had or could have an impact on their business, their financial situation , its customers of the service and its counterparties, directly". or indirectly".

The guidelines ask companies to provide descriptions of "any material danger to , direct or indirect, from excessive redemptions, withdrawals, or suspension of redemptions or withdrawals of crypto assets."