Subject: S7-04-23: Webform Comments from Mino Pellucci
From: Mino Pellucci
Affiliation:

Oct. 28, 2023

Dear Securities and Exchange Commission,

I am writing to provide my public comment on the proposal
"Safeguarding Advisory Client Assets." While I recognize the
importance of enhancing investor protections and addressing gaps in
the custody rule, I have several concerns regarding the clarity and
implications of certain aspects of the proposed rule. Specifically, I
would like to focus on the lack of clarity on the definition of
digital assets and the potential challenges it may pose for investment
advisers.

The proposed rule aims to broaden the coverage to include a broader
range of investments held in a client's account, which
encompasses digital assets. However, the proposal fails to provide
clear guidance on what exactly constitutes a digital asset. This lack
of clarity could lead to confusion and potential misinterpretation,
resulting in inadvertent non-compliance by investment advisers.

Digital assets, such as cryptocurrencies, are unique assets built on
blockchain technology that are transforming the finance industry.
However, their regulatory classification and treatment remain
uncertain. As a result, the proposal's failure to offer clear
parameters for digital assets may hinder market participation and
innovation, ultimately impeding the growth potential of this
burgeoning industry.

While it is understandable that digital assets pose new challenges in
terms of custody and exclusive control, it is crucial to provide clear
guidelines to enable investment advisers to adequately safeguard these
assets. Without such clarity, advisers may struggle to establish best
practices and robust control mechanisms, potentially exposing client
assets to risks.

The SEC should consider working closely with industry experts and
stakeholders to develop a comprehensive framework specifically
addressing digital assets. This framework should provide clarity on
custody requirements, exclusive control, and other relevant
considerations specific to digital asset management. By doing so, the
SEC can foster innovation and ensure investor protection in the
rapidly evolving digital asset landscape.

Furthermore, it would be prudent for the SEC to collaborate with other
regulatory bodies to establish a coordinated approach to regulating
digital assets. Harmonization of regulations across jurisdictions
would not only reduce regulatory arbitrage but also promote investor
confidence in this emerging asset class.

In conclusion, while I appreciate the SEC's effort to enhance
investor protections through the "Safeguarding Advisory Client
Assets" proposal, I urge the Commission to provide clear guidance
on the definition and treatment of digital assets. By doing so, the
SEC can foster a conducive regulatory environment that encourages
innovation, ensures investor protection, and promotes the healthy
growth of the digital asset industry.

Thank you for considering my concerns and feedback.

Sincerely,