Subject: S7-04-23: Webform Comments from Nico
From: Nico
Affiliation:

Oct. 22, 2023

I appreciate the opportunity to provide public comment on
the proposed rule "Safeguarding Advisory Client Assets." As
a concerned individual who values investor protection and regulatory
clarity, I would like to express my concerns regarding the lack of
clarity on custody requirements for digital assets. While the proposed
rule aims to enhance the safeguarding of client assets, it falls short
in providing clear guidelines for market participants in the rapidly
evolving world of digital assets.
Digital assets, such as cryptocurrencies, have become an integral part
of our financial ecosystem, leveraging blockchain technology to
revolutionize the way we transact and store value. However, the
regulatory landscape surrounding digital assets remains uncertain,
posing challenges for both investors and investment advisers. The
proposed rule fails to address this pressing need for clarity, leaving
market participants in a state of uncertainty and impeding the growth
and innovation of this nascent industry.
Without clear guidelines on custody requirements for digital assets,
investment advisers are left to navigate through ambiguous terrain,
often resorting to guesswork rather than informed decision-making.
This lack of clarity undermines investor protection, as it opens the
door to potential risks, such as misappropriation or loss of digital
assets. In an era where the value of global cryptocurrencies exceeds
trillions of dollars, it is paramount to establish a robust regulatory
framework that ensures the safety and security of these assets.
To address this issue, I urge the Securities and Exchange Commission
to work closely with industry stakeholders and experts in the field of
digital assets to develop clear and comprehensive custody
requirements. Such requirements should take into consideration the
unique characteristics of digital assets, including their
decentralization, cryptographic security, and immutability. A
one-size-fits-all approach may not be suitable for this rapidly
evolving landscape, and therefore, flexibility should be embraced to
foster innovation while maintaining investor protection.
Furthermore, the lack of clarity on custody requirements for digital
assets could hinder the growth of legitimate business models and drive
innovation offshore. Entrepreneurs and innovators in the digital asset
space seek regulatory certainty to build trust and attract investment.
The proposed rule, by not adequately addressing custody requirements
for digital assets, sends a signal of uncertainty and may deter market
participants from establishing businesses and driving economic growth
within the United States.
To create a thriving and regulated digital asset ecosystem, we need a
regulatory framework that strikes the right balance between investor
protection and fostering innovation. By providing clear custody
requirements for digital assets, the Securities and Exchange
Commission can proactively enable innovation while maintaining the
highest standards of investor protection.
In conclusion, it is imperative that the Securities and Exchange
Commission address the issue of custody requirements for digital
assets in the proposed rule "Safeguarding Advisory Client
Assets." By collaborating with industry experts and stakeholders,
the SEC can develop clear and comprehensive guidelines that ensure the
safety and security of digital assets. This will not only protect
investors but also empower market participants to innovate, create
jobs, and drive economic growth within the United States.
Thank you for considering my comment. I look forward to seeing the
Securities and Exchange Commission's commitment to effectively
regulating the custody of digital assets in the final rule.

Sincerely,
Nico