Subject: S7-04-23: Webform Comments from John Kim
From: John Kim
Affiliation:

Oct. 29, 2023

Dear SEC,
I am writing to provide my public comment on the proposed rule for
"Safeguarding Advisory Client Assets" by the Securities and
Exchange Commission (SEC). While I appreciate the aim of this rule in
enhancing investor protections and addressing gaps in the custody
rule, I have some concerns regarding the inadequate consideration of
the unique properties of cryptocurrency.
Digital assets, such as cryptocurrency, have revolutionized finance
and introduced new opportunities for investors. However, the
SEC's proposed rule fails to acknowledge the decentralized nature
and technological complexities inherent in cryptocurrency. As a
result, the regulatory requirements outlined in the proposal seem
impractical and potentially burdensome for investment advisers.
Cryptocurrency operates on a decentralized network, where ownership
and control are spread across multiple parties. Unlike traditional
assets, it does not rely on a central custodian or intermediary for
safekeeping. By treating cryptocurrency with the same guidelines as
traditional assets, the SEC risks stifling innovation and imposing
unnecessary compliance costs on investment advisers.
Moreover, the proposed rule does not adequately address the challenges
associated with demonstrating exclusive control over cryptocurrency
assets. Unlike traditional assets, proving sole custody and control
over cryptocurrency assets can be challenging due to the nature of
blockchain technology. Investment advisers may struggle to meet the
strict custody requirements outlined in the proposal, further
hindering their ability to provide effective advisory services in the
digital asset space.
I urge the SEC to reassess and tailor its regulatory approach to
cryptocurrency, taking into account its unique properties and
addressing the technological complexities involved. Rather than
imposing widespread requirements that may hinder innovation and burden
investment advisers, the SEC should work towards developing nuanced
guidelines that promote investor protection without stifling growth in
the digital asset industry.
In addition to concerns related to cryptocurrency, I appreciate the
opportunity to raise certain broader concerns regarding the proposal.
The proposed rule's scope appears to expand coverage to a broader
range of investments held in a client's account, including
discretionary authority in custody. While the intention to enhance
safeguards is commendable, it is essential to strike the right balance
between protection and practicality to avoid unduly burdening
investment advisers.
Furthermore, the proposed rule introduces amendments to the surprise
examination requirement and the investment adviser recordkeeping rule.
While these amendments can contribute to improved oversight and
investor protection, it is crucial to ensure that the compliance costs
associated with such measures are reasonable and do not
disproportionately impact smaller advisers.
Lastly, I would like to express my support for the SEC's
consideration of the economic analysis, benefits, costs, efficiency,
competition, and capital formation effects of the proposed rule.
Transparent and comprehensive assessments are vital in determining the
potential impact of regulatory changes on all stakeholders.
In conclusion, I urge the SEC to carefully evaluate the implications
of the proposed rule on digital assets, particularly cryptocurrency,
considering their unique properties and technological complexities.
The regulatory approach should be practical, innovation-friendly, and
not unduly burdensome for investment advisers. Furthermore, I
encourage the SEC to continue to gather input and refine the proposal,
ensuring a well-balanced approach that enhances investor protection
while promoting growth and efficiency in the advisory industry.
Thank you for considering my comments on this important matter.

Sincerely,

John Kim