Subject: S7-04-23: Webform Comments from Stefan Wolf
From: Stefan Wolf
Affiliation:

Oct. 30, 2023

Dear Sir or Madam,

I am writing to submit a public comment on the proposed rule
"Safeguarding Advisory Client Assets" from the Securities
and Exchange Commission (SEC). As an individual interested in investor
protection and regulatory oversight, I have carefully reviewed the
proposal and would like to voice my concerns regarding certain aspects
of the rule.

First and foremost, I would like to address the lack of clarity
surrounding the definition of digital assets within the proposed rule.
While it is commendable that the SEC aims to address the safeguarding
of client assets in the rapidly evolving landscape of investment
advisory services, the lack of clear guidelines on what constitutes a
digital asset can lead to confusion and potential misinterpretation.
It is essential that the SEC provides a precise definition to avoid
any unintended consequences and ensure consistent application of the
rule.

Furthermore, I believe that the proposed rule may result in excessive
reporting requirements for participants in decentralized finance
(DeFi). The regulations seem to encompass a wide range of actors in
the industry, which could lead to multiple inconsistent reports being
generated for the same transactions. This not only creates unnecessary
administrative burden but also hinders the efficiency and transparency
of DeFi transactions. I encourage the SEC to consider streamlining the
reporting requirements to avoid redundant reports and promote a more
conducive environment for innovation within DeFi.

In addition to the specific concerns I have outlined above, I would
also like to express my general appreciation for the SEC's
efforts in enhancing investor protections and addressing gaps in the
custody rule. The proposed rule explores amendments to the current
rule, introduces recordkeeping requirements, and highlights the
importance of segregating client assets from adviser assets. These
measures are crucial in safeguarding investor interests and mitigating
potential risks within the advisory industry.

Moreover, I appreciate the SEC's acknowledgment of the economic
effects of the proposed rule. The comprehensive economic analysis
considers both the costs and benefits of the amendments, recognizing
the varying practices among investment advisers. It is vital to strike
a balance between investor protections and compliance costs while
promoting efficiency, competition, and capital formation. I commend
the SEC for seeking public input on reasonable alternatives and
potential overlooked benefits and costs, as this inclusive approach
fosters a more robust regulatory framework.

Furthermore, the proposed rule includes provisions for the paperwork
reduction act analysis, demonstrating the SEC's commitment to
minimize the burden for investment advisers. While it is essential to
obtain the necessary information for regulatory oversight, it is
equally important to ensure that the reporting requirements are
reasonable and do not unduly burden small entities. I believe that a
careful examination of the estimated burden and a solicitation of
comments on the impact of the proposed rule on small entities can help
strike an appropriate balance.

In conclusion, I applaud the SEC's efforts to enhance investor
protections and address gaps in the custody rule through the proposed
rule "Safeguarding Advisory Client Assets." However, I urge
the commission to provide further clarity on the definition of digital
assets and streamline reporting requirements for participants in
decentralized finance. By doing so, the SEC can ensure effective
regulation while fostering innovation and efficiency in the advisory
industry.

Thank you for considering my comments on this important matter. I
appreciate the opportunity to contribute to the dialogue, and I
encourage the SEC to carefully consider the concerns and suggestions
raised by the public as part of the rulemaking process.

Sincerely,

Stefan Wolf