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

Oct. 29, 2023

Dear Securities and Exchange Commission,

I am writing to express my concerns regarding the proposed rule
"Safeguarding Advisory Client Assets." While I understand
the aim to enhance investor protections and address gaps in the
custody rule, I believe that certain aspects of the rule may impose an
unreasonable burden on small businesses and startups, particularly in
the digital asset industry.

One area of concern is the scope of the rule, specifically as it
relates to digital assets such as cryptocurrencies. The rapid
advancement of technology and the growing popularity of digital assets
have transformed financial markets and opened up new opportunities for
investors. However, the regulatory uncertainties surrounding digital
assets have hindered innovation and growth in this industry. Imposing
onerous compliance requirements on small businesses and startups in
this space may further stifle their ability to flourish and compete in
the global market.

Furthermore, the rule makes it challenging for investment advisers to
demonstrate exclusive control over crypto assets. Given the unique
nature of digital assets, proving exclusive control can be complex and
burdensome. I would recommend that the SEC provides further guidance
and flexibility in demonstrating control over digital assets, taking
into consideration the evolving technology and market practices.

In addition to digital assets, the proposed rule also introduces
changes to the surprise examination requirement for investment
advisers. While I agree that surprise examinations are necessary to
safeguard client assets, the proposed amendments place an additional
burden on small businesses and startups. The cost of employing an
independent public accountant for surprise examinations may
disproportionately affect these entities, diverting valuable resources
that could be better utilized for business growth and development.

Furthermore, the proposed changes to the investment adviser
recordkeeping rule also impose a significant burden on small
businesses and startups. These entities often have more limited
resources and implementation capacities compared to larger firms. The
increased compliance requirements may hinder their ability to provide
quality advisory services, stifling competition and innovation in the
industry.

Additionally, I am concerned about the economic impact of the proposed
rule on startups. Startups play a crucial role in driving economic
growth and job creation. However, the increased compliance costs
associated with the proposed rule may deter potential investors and
impede the ability of startups to attract necessary capital. It is
essential to strike a balance between investor protections and
facilitating capital formation to support the growth of startups in
the financial industry.

I appreciate the SEC's efforts to address investor protections
and enhance regulatory oversight. However, I urge the Commission to
consider the potential burden on small businesses and startups,
particularly in the digital asset industry. Flexibility, guidance, and
a proportional approach to regulation will not only safeguard investor
assets but also foster innovation, competition, and economic growth.

Thank you for considering my concerns. I look forward to further
dialogue on this proposal and its potential impact on small businesses
and startups in the digital asset industry.

Yours sincerely,
Chris