Subject: S7-04-23: Webform Comments from Small business Advocate Regulator
From: Anonymous
Affiliation:

Oct. 28, 2023

I am a budding entrepreneur hailing from the vibrant
startup scene of California, and I am apprehensive about the looming
impacts of the SEC's proposed Rule Release No. IA-6240; File No.
S7-04-23. One major issue is the undue burden it places upon small
businesses. With the added expenses and administrative tasks necessary
to conform to this regulation, our meager financial resources will be
stretched thin. This puts us at a disadvantage compared to more
well-funded competitors, forcing us to make tough decisions that
negatively affect our bottom line - either inflating prices for
customers or sacrificing profits.

Another cause for alarm is the apparent redundancy inherent within
this proposal, which seems to duplicate several mandates set forth by
other regulatory organizations such as FINRA and local Securities
Commissions. This results in an uneven playing field where multiple,
conflicting regulatory structures exist side by side. This complexity
poses challenges for both regulating authorities and firms alike,
ultimately hampering efficiency and causing frustration.

Furthermore, some detractors claim that the proposed rule offers scant
practical benefits to either investors or advisors, specifically
regarding the requirement for excessively detailed records and
documentation. After all, infractions involving mismanagement of
customer assets are comparatively scarce occurrences. Critics deem
this extra work superfluous since it adds no significant value to
current security protocols.

In addition to these points, others voice technical objections, citing
confusion over specific terminology utilized within the proposal,
including 'Custody' and 'Private Fund.' These
misunderstandings generate ambiguity and uncertainty when attempting
to apply the law, thereby complicating its effective implementation.
Moreover, Non-US based advisors express anxiety regarding the prospect
of greater compliance expenses coupled with disparities between US and
global accounting conventions/legal systems, impairing their capacity
to transact business in America.