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

Oct. 29, 2023

Chris 

Re: Proposed Rule: Safeguarding Advisory Client Assets 
File Number: S7-04-23

Dear Sir/Madam,

I am writing to provide my public comment on the proposed rule to
address the safeguarding of client assets by investment advisers, as
outlined in the "Safeguarding Advisory Client Assets"
proposal, file number [Insert File Number Here].

Firstly, I must express my concern regarding the lack of industry
expertise within the Securities and Exchange Commission (SEC) in
drafting this proposal. It is evident that the SEC does not have
sufficient expertise in digital assets and cryptocurrency, resulting
in a limited understanding of the unique characteristics and
intricacies of the industry. The proposal, as it stands, does not
adequately address the challenges and regulatory uncertainties posed
by digital assets such as cryptocurrency, which are transforming the
finance landscape.

Digital assets, built on blockchain technology, have quickly gained
momentum and are becoming an integral part of our financial system.
However, due to their relatively new and evolving nature, regulatory
frameworks must be carefully crafted to ensure both investor
protection and innovation are fostered. The lack of expertise within
the SEC in this domain raises concerns about its ability to accurately
assess the risks and opportunities presented by digital assets.
Moreover, it risks stifling innovation by imposing burdensome
requirements that may not be reflective of the underlying technology.

In order to address this concern, I urge the SEC to engage with
experts and industry participants to gather insights and understanding
on the emerging digital asset landscape. Collaboration and
consultation would enable the SEC to develop a more comprehensive and
informed approach to regulating digital assets, enabling appropriate
safeguards while nurturing innovation.

Additionally, I would like to highlight the need for the proposed rule
to strike a balance between investor protection and the promotion of
capital formation and competition. While it is crucial to enhance
investor protections and mitigate principal-agent problems, the rule
should avoid unduly burdening investment advisers and qualified
custodians, thereby impeding efficiency and stifling competition.

Furthermore, I believe that the proposed amendments could benefit from
more specific guidance regarding the safeguarding of digital assets
that cannot be maintained with a qualified custodian. This issue is
particularly relevant in the context of digital assets that provide
unique ownership and control mechanisms through cryptography and smart
contracts. The SEC should consider providing clearer instructions in
order to avoid unnecessarily restricting the ability of investment
advisers to effectively safeguard these assets.

In conclusion, I urge the SEC to consider deepening its expertise in
digital assets and cryptocurrency to better understand the unique
challenges presented by these emerging technologies. I encourage the
Commission to engage with industry experts, academics, and
stakeholders to gather meaningful insights and perspectives as it
finalizes the proposed rule. By doing so, the SEC can strike the
delicate balance between investor protection and fostering innovation
for the benefit of all market participants.

Thank you for your attention to these concerns. I trust that my
comments will be taken into consideration during the rulemaking
process. Should you require any further information or clarification,
please do not hesitate to contact me.

Sincerely,

Chris