Subject: S7-04-23: Webform Comments from Mark Rivera
From: Mark Rivera
Affiliation:

Oct. 28, 2023

Public Comment on Regulations.gov

Subject: Safeguarding Advisory Client Assets - Proposal by the
Securities and Exchange Commission

I am submitting this public comment to express my concerns regarding
the proposed rule on safeguarding advisory client assets by the
Securities and Exchange Commission (SEC). While I appreciate the aim
of enhancing investor protections and addressing gaps in the custody
rule, there are certain aspects of the proposed rule that require
further clarification and consideration.

One area of concern is the lack of clarity on the definition of
digital assets. The proposal fails to provide clear guidance on what
constitutes a digital asset, leading to confusion and potential
misinterpretation. In an era where digital assets, like
cryptocurrency, are transforming the financial landscape, it is
imperative that regulations keep pace with technological advancements.
Without a clear definition, investment advisers may find it
challenging to comply with the requirements and safeguard these
digital assets appropriately.

Furthermore, the proposed rule raises concerns about encroaching on
individual financial autonomy. As an investor, I value the freedom to
make decisions regarding my own money. While I understand the need for
investor protection and regulation, it is essential to strike a
balance that does not overly restrict the choices individuals can make
with their assets. It's crucial for the SEC to ensure that the
proposed rule does not unduly restrict individuals' control over
their digital assets and overall investment decisions.

Additionally, the economic analysis provided in the proposal warrants
closer examination. While the proposed rule aims to enhance investor
protections and reduce asset loss risk, there should be a thorough
evaluation of the potential costs and benefits for both investors and
advisors. While compliance costs are necessary, the magnitude of these
costs should be carefully considered, particularly for investment
advisers who may already have robust control measures in place. A
balanced approach that considers the economic effects on market
efficiency, competition, and capital formation is crucial.

Moreover, ensuring regulatory clarity and efficiency requires
reasonable alternatives to be explored. The SEC should actively seek
input from interested parties on alternative approaches that could
achieve the same level of investor protection while minimizing
unnecessary compliance burdens. Effective engagement with industry
stakeholders can lead to well-rounded regulations that achieve their
intended goals without stifling innovation.

In conclusion, while I support the SEC's objectives of protecting
investors and addressing gaps in safeguarding client assets, the
proposed rule needs further refinement, particularly concerning the
definition of digital assets and the preservation of individual
financial autonomy. It is essential that the SEC carefully weigh the
costs and benefits of the proposed rule, taking into account the
economic impact on both investors and advisors. By pursuing a balanced
and transparent approach, the SEC can ensure that the final rule
strikes the right balance between protecting investors and fostering
innovation in the digital asset space.

Thank you for the opportunity to provide input on this important
matter.

Sincerely,

Mark Rivera