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

Oct. 30, 2023

Dear Sir/Madam,

I am writing to provide a public comment on the proposed rulemaking
regarding the safeguarding of advisory client assets, as described
under File No. S7-12-23. I greatly appreciate the Securities and
Exchange Commission's (SEC) commitment to enhancing investor
protections and addressing the gaps in the current custody rule.
However, I have some concerns and suggestions with respect to the
proposed regulations that I believe warrant careful consideration.

First, I would like to raise a point regarding the treatment of
different types of digital assets in the proposed rules. It appears
that the rules treat these assets inconsistently, creating confusion
and the potential for regulatory arbitrage. To ensure regulatory
clarity and a level playing field, I recommend the SEC establish clear
definitions and guidelines for different types of digital assets. This
would help investment advisers and custodians understand their
obligations when safeguarding these assets and ensure that investors
are adequately protected.

Additionally, as the SEC moves forward with the proposed rule, I urge
you to consider the impact on small entities, particularly small
advisers registered with state authorities. While it is commendable
that most small advisers will not be affected by the proposed rule, it
is important to carefully examine the compliance requirements and
potential costs for the small number of SEC-registered advisers that
do have custody of client assets.

To alleviate any potential burden on these small advisers, it may be
beneficial to provide additional clarification or simplification of
the rules. This would help ensure that the proposed regulations are
not disproportionately burdensome for smaller market participants,
while still maintaining the investor protections that the SEC aims to
achieve.

Finally, I would like to commend the SEC on the thorough economic
analysis carried out in relation to the proposed rule. The qualitative
and quantitative assessments provided valuable insights into the
potential benefits and costs associated with the regulatory changes.
However, I would like to emphasize the importance of ongoing review
and evaluation of the economic effects, particularly in light of
evolving market practices and technologies.

Given the fast pace of digital asset innovation and market dynamics,
it would be prudent for the SEC to remain vigilant in monitoring the
effectiveness and efficiency of the proposed rules. This will enable
the SEC to adapt and respond to new challenges and opportunities that
may arise in the future.

In conclusion, I wholeheartedly appreciate the SEC's dedication
to investor protection and its endeavors to enhance the safeguarding
of advisory client assets. However, it is essential to address the
concerns I have raised to ensure a fair and robust regulatory
framework that promotes innovation while providing sufficient
protections for investors.

Thank you for considering my comments. I trust that the SEC will
carefully review all public comments and make the necessary
adjustments to ensure that the proposed rule effectively achieves its
intended objectives. Should you require any further information or
clarification, please do not hesitate to contact me.

Sincerely,

Nathan