Subject: S7-04-23: Webform Comments from anonymous
From: Anonymous
Affiliation:

Oct. 30, 2023

Dear Securities and Exchange Commission,

I am writing to provide my comments on the proposed rule
"Safeguarding Advisory Client Assets." While I acknowledge
the intention behind this rule to enhance investor protections and
address gaps in the custody rule, I have concerns regarding the lack
of clarity on the definition of digital assets and its implications
for the rapidly evolving landscape of cryptocurrency.

The proposal states the aim to expand the coverage of the rule to
include a broader range of investments held in a client's
account, which is commendable. However, the definition of digital
assets remains unclear. In the transformative world of
cryptocurrencies, where decentralized platforms like HEX, PulseChain,
and PulseX operate through smart contracts, there is a need for
specific guidance on how these assets fit within existing securities
regulations.

My concern lies in the fact that the laws currently in place, such as
those enacted in 1932 and the Howey test, may not be applicable or
suitable when addressing the unique characteristics of these
blockchain-based assets. The cryptographic nature of digital assets
and the automated execution of smart contracts present novel
challenges that demand a nuanced perspective.

In order to effectively regulate and safeguard digital assets, it is
imperative that the SEC provides clear and specific guidelines that
address the technological complexities unique to cryptocurrencies.
Failing to do so could lead to ambiguity and potential
misinterpretation, which may impede innovation and hinder the growth
of this increasingly important sector.

Moreover, I strongly encourage the SEC to engage in an open dialogue
with industry experts, technologists, and stakeholders to better
understand the intricacies of blockchain technology and its
applications. Collaboration and knowledge sharing are essential to
ensure regulatory frameworks are effective, well-informed, and capable
of adapting to the ever-changing digital landscape.

As the proposal acknowledges, the estimated cost burden for compliance
with these new rules is significant. It is essential to strike a
balance between investor protections and the costs incurred by
investment advisers. The SEC should carefully consider potential
unintended consequences, such as the potential increase in compliance
costs for qualified custodians, which could adversely impact
competition and capital formation.

Furthermore, the proposed amendments to the surprise examination
requirement are commendable as they contribute to the overall
safeguarding of client assets. However, exemptions should be granted
where appropriate for advisers with discretionary authority over
client assets and those with custody solely due to a standing letter
of authorization.

In conclusion, while I appreciate the SEC's efforts to address
the safeguarding of advisory client assets, it is crucial to provide
clear guidance on the treatment of digital assets within the proposed
rule. The SEC should recognize the unique characteristics of
blockchain-based assets and ensure that regulations do not stifle
innovation but instead enable investors to take full advantage of the
potential benefits offered by cryptocurrencies.

Thank you for considering my comments on this important matter.

Sincerely,

Anonymous