Subject: S7-04-23: Webform Comments from Michael M.
From: Michael M.
Affiliation:

Oct. 30, 2023

Dear Securities and Exchange Commission,

I am writing to provide my public comment on the proposed rule
"Safeguarding Advisory Client Assets." I appreciate the
SEC's efforts to enhance investor protections and address gaps in
the custody rule. However, I have strong concerns regarding the
ongoing negative impacts on the competitiveness of US companies,
investors, and the treatment of digital assets.

First, I am concerned that the proposed rules may put US companies at
a competitive disadvantage compared to their international
counterparts. While safeguarding client assets is crucial, overly
burdensome regulations can impede the ability of US investment
advisers to compete globally. This could lead to capital flight and
loss of market share for US companies, hindering their ability to
support economic growth and job creation. 

Additionally, I would like to address the treatment of digital assets
or cryptocurrencies. These assets, built on blockchain technology, are
transforming the finance industry and. Regulatory uncertainties
surrounding digital assets pose significant challenges for investment
advisers and can deter them from offering these assets to their
clients. It is important to strike a balance between investor
protections and enabling the growth of this burgeoning sector.
Founders in this new sector are effectively being issued speeding
tickets without being told what the speed is. There needs to be clear
rules that address shifts in technology and aren't based on 100
yr old market concepts. This mainly applies to DeFi in which consumers
interact with computer code in order to protect themselves from
unneeded middlemen, custody houses, unnecessary fees, and and risk
from data breaches. This is repairing the very concept of privacy in
this country.

I urge the SEC to carefully consider the potential negative impact on
the competitiveness of US companies and the treatment of digital
assets in these proposed rules. It is crucial to create a regulatory
framework that not only protects investors but also encourages
innovation and ensures the US remains globally competitive.

Thank you for considering my concerns. I encourage the SEC to address
these issues in its final rule.

Sincerely,

Michael M.