Subject: S7-04-23: Webform Comments from Justin Nelson
From: Justin Nelson
Affiliation:

Oct. 29, 2023

October 30, 2023

Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549

Re: Safeguarding Advisory Client Assets; File Number S7-0-21

Dear Securities and Exchange Commission:

I am writing to express my concerns regarding the proposed rule on
Safeguarding Advisory Client Assets. While I understand the need to
enhance investor protections and address gaps in the custody rule,
there are several areas of the proposal that require further
clarification and consideration.

Firstly, the lack of clarity in defining digital assets is a
significant concern. The proposal fails to provide clear guidance on
what constitutes a digital asset, which can lead to confusion and
potential misinterpretation. Given the evolving nature of digital
assets, it is essential to establish a robust framework to ensure
proper safeguarding and protection of investor assets.

Furthermore, the issue of privacy and data security also merits closer
attention. Allowing a multitude of third parties access to sensitive
financial data and personal information, including social security
numbers, raises valid concerns about privacy and safety. It is crucial
that any regulatory framework adequately protects the privacy rights
and sensitive information of investors, ensuring that robust controls
and safeguards are in place.

Moreover, the proposal's potential impact abroad requires
thorough consideration. As financial markets become more globalized,
it is imperative to evaluate how the proposed rule could affect
cross-border transactions and investments. Coordinating with
international regulators and ensuring harmonization of rules will
prevent unnecessary barriers and facilitate a seamless global
financial system.

In addition to these specific concerns, there are broader points that
warrant attention. The proposal's economic analysis should
include a comprehensive assessment of both the costs and benefits.
While it is essential to enhance investor protections, it is equally
crucial to evaluate the potential economic impacts, particularly for
smaller entities. A thorough cost-benefit analysis would help strike
an appropriate balance between investor protection and regulatory
burden.

Furthermore, the SEC should ensure that the proposed rule does not
result in duplicative or conflicting regulations. Clear guidance
should be provided to prevent any overlapping requirements or
conflicting obligations between different regulatory authorities. This
will promote regulatory clarity and reduce compliance burdens for
investment advisers.

Lastly, I find it imperative that alternative solutions or mitigations
be considered. Input from industry participants and other stakeholders
should be actively sought to identify reasonable alternatives that
achieve the objective of safeguarding client assets while minimizing
potential disruptions or unintended consequences.

In conclusion, I urge the Securities and Exchange Commission to
address the concerns raised regarding the proposed rule on
Safeguarding Advisory Client Assets. Clarifying the definition of
digital assets, safeguarding personal data, considering the impact
abroad, conducting a comprehensive economic analysis, and exploring
reasonable alternatives will ensure that the final rule strikes the
right balance between investor protection and operational efficiency
for investment advisers.

Thank you

Sincerely