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US SEC Unveils Proposed Crypto Custody Rules for Investment Advisers

The Securities and Exchange Commission has opened a public consultation on rules governing how regulated funds safeguard digital assets.

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The US Securities and Exchange Commission has published a proposed rulemaking framework governing crypto asset custody for registered investment advisers and regulated funds. The draft updates regulatory requirements under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, adapting rules initially designed for traditional securities.

The framework would permit registered investment advisers, registered investment companies, and business development companies to self-custody digital assets when specified safeguards are met. It also expands acceptable custody venues by formally recognizing qualified state-chartered trust companies alongside standard banking institutions.

The proposed rules address financial statement audit standards and broker-dealer custodial services. The framework is not yet in effect and will enter a 60-day public comment period following publication in the Federal Register.

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