Subject: S7-04-23: Webform Comments from Zachary Esquivel
From: Zachary Esquivel
Affiliation:

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 acknowledge
the need to enhance investor protections and address gaps in the
custody rule, I believe that certain aspects of the proposed rule may
potentially exceed the SEC's regulatory authority, encroaching on
areas that should be regulated by other agencies.

Specifically, I am concerned about the SEC's approach towards
digital assets or cryptocurrencies. The proposed rule acknowledges the
challenges posed by regulatory uncertainties in this rapidly evolving
space. However, it is essential to strike a balance between
safeguarding client assets and promoting innovation in the financial
industry.

Digital assets like cryptocurrencies, built on blockchain technology,
have the potential to transform finance and provide investors with new
opportunities. However, it is important to recognize the unique
characteristics of these assets and establish appropriate regulations
that facilitate growth while protecting investors.

The proposed rule seeks to address the application of the custody rule
to crypto assets and challenges in demonstrating exclusive control.
While it is crucial to ensure the protection of client assets in this
context, it is equally important to avoid stifling innovation with
overly burdensome regulations. The SEC should collaborate with other
relevant regulatory bodies that specialize in the regulation of
digital assets to develop a comprehensive framework that fosters
growth and investor confidence in this emerging space.

Furthermore, it is imperative to consider the global nature of digital
assets and the potential impact of overly restrictive regulations on
global competitiveness. The SEC should strive to strike a balance
between investor protection and maintaining a conducive regulatory
environment that attracts digital asset innovators and businesses to
the United States.

I urge the SEC to collaborate with stakeholders, including industry
experts and innovators, to establish a comprehensive regulatory
framework for digital assets. This framework should address investor
protection concerns while fostering innovation and ensuring the United
States remains a leader in the global digital asset ecosystem.

Thank you for considering my comments on the proposed rule. I
encourage the SEC to carefully evaluate the potential overreach of
regulatory authority and develop a balanced approach that addresses
the unique challenges and opportunities presented by digital assets.

Sincerely,

Zachary Esquivel