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

Oct. 29, 2023

Dear Sir or Madam,

I am writing to provide my public comment on the proposed rule
"Safeguarding Advisory Client Assets", which aims to enhance
investor protections and address gaps in the custody rule. While I
appreciate the efforts to strengthen safeguards for client assets, I
have some concerns that I would like to address regarding the
potential negative impact on open finance and the proposed
regulations' effects abroad.

Potential Negative Impact on Open Finance:
One key area of concern is the potential negative impact that the
proposed rules may have on the development and adoption of open
finance platforms. Open finance systems provide broader access to
financial services and enhance transparency in financial transactions.
However, the regulations, as currently proposed, may create undue
burdens on these platforms and limit the benefits of decentralized
financial systems for investors and consumers.
Open finance platforms often operate using decentralized protocols and
smart contracts, enabling individuals to securely interact and manage
their financial affairs. The proposed reporting requirements for these
protocols, especially when they operate outside the United States or
serve users outside the country, may hinder their growth and
innovation. It is essential to strike a balance between investor
protection and fostering an environment conducive to open finance
platforms' development.

I urge the Securities and Exchange Commission (SEC) to consider a more
nuanced approach that accommodates the unique characteristics of open
finance protocols and the potential benefits they provide to investors
and consumers.

Impact Abroad:
Another concern lies in the insufficient limits on reporting
requirements for protocols operated abroad and users located outside
the United States. As global financial markets continue to integrate,
it is imperative for the SEC to consider the broader implications of
these rules and their potential impact on international market
participants.
The proposed regulations, without appropriate limitations, may impose
unnecessary reporting and compliance burdens on foreign platforms and
users, thereby discouraging international innovation and investment in
the United States. This could hinder cross-border collaboration and
have adverse consequences on both domestic and global financial
systems.

It is essential that the SEC accounts for the global nature of
financial markets and engages in a broader dialogue with international
regulatory bodies to ensure coordinated efforts that do not impede
innovation and investment across borders.

In conclusion, while the proposed rule "Safeguarding Advisory
Client Assets" aims to enhance investor protections, it is
crucial to consider its potential effects on open finance platforms
and its implications abroad. Overly burdensome reporting requirements
and inadequate considerations for international participants may
hinder innovation, limit opportunities, and diminish the benefits of
decentralized financial systems.

I request the SEC to take into account the concerns raised and explore
alternative approaches that strike a balance between investor
protection and fostering innovation and global collaboration.

Thank you for considering my comments. I trust that the SEC will
carefully assess the potential impact of the proposed rule and
collaborate with stakeholders to ensure investor protection while
promoting a thriving and inclusive financial ecosystem.

Sincerely,