Subject: S7-04-23: Webform Comments from Global Financial
From: Global Financial
Affiliation: Educator

Oct. 30, 2023

Anonymous
[Address]
[City, State, ZIP Code]

[Date]

Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549

Re: Safeguarding Advisory Client Assets (Release Nos. IA-5652;
IC-34743)

Dear Sir/Madam,

I am writing to express my concerns and offer my comment on the
proposed rule "Safeguarding Advisory Client Assets" (the
"Proposal") as published by the Securities and Exchange
Commission (SEC). While I appreciate the SEC's efforts to enhance
investor protections and address gaps in the custody rule, I believe
there are certain areas where further clarity and consideration is
needed.

Firstly, my concern centers around the lack of clarity in the
definition of digital assets. The Proposal fails to provide clear
guidance on what constitutes a digital asset, which can lead to
confusion and potential misinterpretation. Given the transformative
nature of digital assets, such as cryptocurrencies built on blockchain
technology, it is imperative that the regulatory framework is
comprehensive and robust enough to address the unique challenges posed
by these assets.

Digital assets have significantly reshaped the financial landscape,
offering new investment opportunities. However, without clear
guidelines, investment advisers may find it challenging to determine
the applicability of the proposed rules to these assets. This
ambiguity not only hampers market development and innovation but also
raises potential risks for investors who may unwittingly fall prey to
fraudulent schemes due to regulatory uncertainties.

To promote investor protection and ensure regulatory consistency, it
is crucial for the SEC to offer precise definitions and guidance
regarding digital assets. By providing clarity on what falls within
the scope of a digital asset, the SEC can provide better oversight and
meaningful safeguards, ultimately benefiting both investors and market
participants.

Additionally, the economic analysis of the Proposal should carefully
assess the potential impact on market efficiency, competition, and
capital formation. While investor protection is paramount, it is
essential to strike a balance that minimizes unnecessary burdens on
industry participants, ensuring that they can provide effective and
efficient services to clients.

The SEC's proposal includes amendments to the current rule,
recordkeeping requirements, and registration requirements, all aimed
at strengthening safeguards for client assets. However, these
enhancements should consider the potential burden on investment
advisers, especially those operating in the digital asset space, who
may already be subject to stringent regulatory requirements.

Furthermore, as the regulatory landscape evolves around digital
assets, the SEC should also consider engaging with market participants
and industry experts to ensure comprehensive understanding and
accurate estimation of the economic effects associated with the
proposed rule. Collaborative efforts will help prevent undue
regulatory burden while promoting investor protection and market
integrity.

In conclusion, while I commend the SEC's endeavor to enhance
investor protection and address gaps in the custody rule, I strongly
urge the Commission to provide clear guidance on the definition of
digital assets, given their transformative nature. Additionally, the
economic analysis should carefully assess the impact on market
efficiency and competition. By striking an optimal balance and
actively engaging with industry participants, the SEC has an
opportunity to facilitate the development of digital assets while
ensuring robust safeguards for investors.

Thank you for considering my concerns and comments regarding the
proposed rules. I hope that the SEC will take them into due
consideration in the final rulemaking.

Yours sincerely,

Anonymous