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

Oct. 30, 2023

Dear Securities and Exchange Commission,

I'm writing to offer my public feedback on the "Safeguarding
Advisory Client Assets" proposed rule. I support the SEC's
efforts to close loopholes in the custody rule and strengthen investor
protections, but I have some reservations about the proposed rule and
how it will affect investment advisers and their clients.

One important point I want to draw attention to is how little the
special characteristics of cryptocurrencies have been taken into
account. The decentralized character of cryptocurrencies and their
technological complexity are overlooked in the proposed rule, which
makes the legal obligations for investment advisers unworkable and
onerous. Since cryptocurrency runs on decentralized networks, custody
of these assets might not follow traditional definitions of custody.
Moreover, the excessively prescriptive approach to custodial
management in the proposed rule may discourage innovation and impede
the expansion of the bitcoin market.

Furthermore, the proposed rule's emphasis on qualified custodian
safeguards can unintentionally put up obstacles in the way of
investment advisers' efforts to properly and safely preserve
client assets, especially when it comes to new assets like
cryptocurrencies. The law appears to ignore the changing world of
digital assets, assuming that conventional custody arrangements will
sufficiently handle all investment scenarios. In order to stimulate
innovation and guarantee that investor safeguards are properly
maintained, the SEC must modify its regulations to take into account
the special characteristics of cryptocurrencies.

In addition, I worry about the possible costs of complying with the
new rule. Protection of investors must come first, but the law should
also consider the financial impact on investment advisers, especially
smaller businesses. According to the economic study, the cost of
compliance is disproportionately high, particularly for smaller
advisers. In order to make sure that compliance costs are fair, do not
obstruct market competition, and do not disproportionately harm
smaller investment advisers, I urge the SEC to carry out additional
reviews.

Furthermore, I think the requirement for the surprise examination
should be more flexible. The proposed rule's broad application
may be onerous for investment advisers who have a solid track record
of preserving client assets, even though surprise checks are helpful
in guaranteeing the appropriate safeguarding of client assets.
Instead, the SEC could consider implementing a risk-based approach to
surprise examinations, focusing resources on firms with a higher
likelihood of non-compliance or specific risk factors.

Finally, I request that the SEC reevaluate a few points in the
proposed regulation "Safeguarding Advisory Client Assets" in
order to guarantee a more sophisticated and well-rounded approach to
investor protection. More thought should be given to the distinctive
qualities of cryptocurrencies, awareness of the possible compliance
obligations on investment advisers, and increased latitude in how the
surprise examination requirement is applied.

I appreciate your consideration of my remarks. I think the SEC may
successfully improve the proposed rule to better protect client assets
while also encouraging innovation and healthy market competition,
provided it is carefully reviewed and revised.