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SEC Issues Draft Framework on Crypto Asset Custody for Regulated Funds

New draft provisions from US regulators would allow investment advisers and funds to custody digital assets through tailored compliance paths.

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The US Securities and Exchange Commission has proposed dedicated regulations to govern how investment advisers and regulated funds manage the custody of digital assets. The amendments modify provisions of the Investment Advisers Act of 1940 and the Investment Company Act of 1940 to establish formal standards for digital asset holding.

Under the drafted measures, registered investment entities could self-custody certain crypto assets under defined regulatory conditions, addressing instances where suitable third-party custodians are unavailable. The framework also broadens custodian options by permitting the use of qualifying state-chartered trust companies.

The regulatory package further incorporates requirements related to independent financial audits and broker-dealer services. The proposal will remain open for a 60-day public comment window after appearing in the Federal Register prior to any final adoption.

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