Subject: S7-04-23: Webform Comments from Artmas Perine
From: Artmas Perine
Affiliation:

Oct. 23, 2023

Date: 10/23/2023

Securities and Exchange Commission
100 F Street NE
Washington, DC 20549

Subject: Public Comment on Proposed Rule: Safeguarding Advisory Client
Assets

To Whom It May Concern,

I am writing to provide my feedback and concerns regarding the
proposed rule "Safeguarding Advisory Client Assets" (Release
No. IA-5659, File No. S7-30-20) published by the Securities and
Exchange Commission (SEC). While I appreciate the SEC's efforts
to enhance investor protections and address gaps in the custody rule,
I have some reservations and suggestions for robust improvements to
ensure the effectiveness and practicality of the proposed regulations.

First and foremost, I am concerned about the inadequate consideration
given to the unique properties of cryptocurrency. The proposed rule
fails to take into account the decentralized nature and technological
complexities associated with cryptocurrencies. This omission results
in impractical regulatory requirements that may hinder innovation and
growth within the cryptocurrency industry. It is crucial for the SEC
to closely examine and address the nuanced characteristics of
cryptocurrencies to develop regulations that are both effective in
safeguarding investor assets and conducive to technological
advancements.

Another striking issue with the proposed rule is the presence of
poorly defined terms. The use of undefined terms such as
"platform," "software," and "ledger" in
the regulations leaves room for varying interpretations, leading to
confusion and potential misinterpretation of the requirements.
Furthermore, the regulatory definitions of terms like
"wallet" and "validator" do not align with their
technical meanings within the cryptocurrency space. This misalignment
poses significant challenges for both advisers and regulators in
ensuring compliance. It is paramount for the SEC to provide clear and
precise definitions of these terms to avoid any ambiguity and promote
consistent understanding among industry participants.

In addition to these concerns, I would like to raise a personal issue
regarding the proposed rule. As an investor, the stringent
requirements imposed by the SEC may have a negative impact on my
investments. The potential limitations and compliance costs associated
with the proposed rule could discourage investment advisers from
engaging with cryptocurrencies, depriving investors like myself of the
diversified investment opportunities this asset class provides. I
strongly urge the SEC to consider striking a balance between investor
protections and regulatory burdens to ensure fair and equitable access
to cryptocurrency investments.

Moreover, I applaud the SEC's recognition of the importance of
transparency and recordkeeping through the proposed amendments to the
recordkeeping rule and Form ADV. These enhancements are crucial for
oversight, risk assessment, and investor protection. However, it is
essential to streamline these requirements to avoid unnecessary
redundancies and ensure that the regulatory burden is proportionate to
the benefits achieved.

Lastly, although these proposed rule amendments may have several
economic implications, I encourage the SEC to remain vigilant in
assessing the costs and benefits accurately. By incentivizing
compliance and facilitating oversight and verification of adviser
conduct, the proposed rules have the potential to enhance investor
protection and promote confidence in the markets. However, the SEC
should ensure that the estimated economic effects are not
disproportionately burdensome, especially for smaller investment
advisers.

In conclusion, while I appreciate the SEC's efforts to address
gaps in the custody rule and enhance investor protections, there are
areas within the proposed rule that require further consideration.
Specifically, the unique properties of cryptocurrency must be
adequately considered, and clear and concise definitions should be
provided. Additionally, a balanced approach that minimizes unnecessary
regulatory burdens and encourages investment in innovative asset
classes is vital for investor protection and market growth.

Thank you for considering my concerns and suggestions on the proposed
rule "Safeguarding Advisory Client Assets." I urge the SEC
to thoroughly evaluate and incorporate these comments to ensure that
the final regulation strikes a balance between safeguarding investor
assets and promoting industry growth.

Sincerely,
Artmas Perine