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

Oct. 28, 2023

As somebody deeply invested in the finance industry, I
vehemently oppose the Securities and Exchange Commission's (SEC)
latest proposal known as "Safeguards for Changing Custody of
Assets." While the intention behind the proposal appears to be
protecting clients' assets during custodial transitions, the
execution leaves much to be desired.

To start with, the plan would introduce excessive administrative
burdens onto smaller organizations, putting them at a competitive
disadvantage. This move could hinder innovation and development within
our field since those hit hardest by the new rules are often startup
companies trying to establish themselves. It's unfair that
established players get away with lesser scrutiny compared to newer
entrants.

Additionally, the proposal fails to take adequate account of privacy
issues. The suggestion to notify clients repeatedly upon changes in
custody runs counter to common sense. Overloading clients with
documents they neither need nor want will simply serve to confuse and
overwhelm them. Furthermore, this measure risks exposing private
information about investments to potential hackers or scammers.

Finally, the SEC's proposal appears to go against standard
practices adopted by other notable regulatory bodies globally. For
instance, Financial Industry Regulatory Authority (FINRA), another
prestigious watchdog organization, permits its members greater
flexibility when transferring client assets between sanctioned
depositories with fewer demands for paperwork. Such disparity could
give rise to conflicts between differing governing structures,
resulting in substantial increases in expenditure necessitated through
duplicated initiatives required to adhere to multiple legal systems.

Given these apparent shortcomings, I strongly recommend that the SEC
reconsider its stance on this matter. If not withdrawn entirely, I
urge them to revise the proposal substantially so that it better
reflects current realities and mitigates negative impacts on smaller
firms, client privacy, and global harmony. Otherwise, this plan will
turn out to be a catastrophically ill-conceived decision that does
nothing good for the industry as a whole.