Oct. 29, 2023
Dear Securities and Exchange Commission, I am writing to express my concerns regarding the proposed rule on "Safeguarding Advisory Client Assets." While I appreciate the SEC's efforts to enhance investor protections and address gaps in the custody rule, I believe that there are certain issues that need to be addressed to ensure that the rule is effective and fair. Firstly, I would like to draw attention to the lack of industry expertise in the drafting of the proposal. It has come to my attention that the SEC does not have sufficient understanding of digital assets and cryptocurrency, which are a significant part of the investment landscape today. By not adequately considering the unique characteristics of these assets, the proposed rule may overlook important industry practices and hinder innovation. Digital assets, such as cryptocurrency, have emerged as a transformative force in the financial world. Blockchain technology, upon which these assets are built, offers decentralization, transparency, and security. However, the regulatory landscape surrounding digital assets is still in its infancy, leading to uncertainties and challenges. It is crucial for the SEC to approach the regulation of digital assets with a thorough understanding of industry dynamics and the potential benefits they can bring. Moreover, the proposed rule's application to crypto assets raises additional concerns. The SEC needs to carefully consider how these assets can be adequately safeguarded, given their unique characteristics. Demonstration of exclusive control, which the proposal requires for safeguarding client assets, presents challenges in the decentralized nature of many digital assets. Without a nuanced understanding of these intricacies, the rule may hinder the growth of the industry without necessarily improving investor protections. Furthermore, I believe that the proposed rule's burden on investment advisers dealing with digital assets could be excessive. The challenges and complexities of this burgeoning industry already require significant efforts from investment advisers to comply with existing regulations. A one-size-fits-all approach that fails to acknowledge the differences between traditional and digital assets may not only impede industry innovation but also create unnecessary compliance costs for advisers and their clients. In order to address these concerns, I would recommend that the SEC consider collaborating with industry experts and stakeholders in the digital asset space. This would ensure that the proposed rule strikes an appropriate balance between investor protections and industry growth. By taking into account the unique characteristics and challenges of digital assets, the SEC can foster an environment that supports innovation while ensuring the safety and security of investor assets. In conclusion, I appreciate the SEC's commitment to enhancing investor protections through the proposed rule. However, I urge the SEC to carefully evaluate the impact of the rule on the digital asset industry and engage with industry experts to ensure that the regulations adequately address the unique characteristics of these assets. By doing so, the SEC can facilitate innovation, protect investors, and maintain the United States' position as a leader in the global financial landscape. Thank you for considering my concerns. Sincerely,