Subject: S7-04-23: Webform Comments from Guarin Adebayo
From: Guarin Adebayo
Affiliation:

Oct. 30, 2023

Dear Sir/Madam,

I am writing to express my concerns regarding the proposed rule,
"Safeguarding Advisory Client Assets," from 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 that there are certain issues that need to be
addressed in a more nuanced manner.

One of my concerns pertains to the inconsistent regulatory treatment
of decentralized exchanges. The proposed rules do not provide a clear
and consistent regulatory framework for these exchanges, creating
uncertainty and the potential for regulatory arbitrage. As digital
assets, such as cryptocurrencies, gain prominence and transform the
financial landscape, it is crucial to provide a stable and consistent
regulatory environment to foster innovation and protect investors. I
urge the SEC to reconsider its approach and align the regulatory
treatment of decentralized exchanges with their centralized
counterparts.

Furthermore, I believe that the SEC should exercise caution when
asserting authority over decentralized exchanges. While risks
undoubtedly exist in the crypto space, it is important to recognize
the unique nature of decentralized exchanges and not stifle innovation
unnecessarily. Rather than imposing stringent regulations, I propose
that the SEC focus on educating investors and market participants
about the potential risks and rewards of engaging with decentralized
exchanges. By promoting education and awareness, the SEC can empower
investors to make informed decisions while allowing for the continued
development of this burgeoning technology.

In addition to these concerns, I would like to address the proposed
amendments related to digital assets or cryptocurrencies. As the
popularity of these assets continues to grow, it is crucial to
establish clear guidelines and regulations that address the unique
nature of digital assets. While I understand the need to safeguard
investor assets, it is important for the SEC to strike a balance
between protecting investors and fostering innovation.

Therefore, I propose that the SEC adopts a principles-based approach
when regulating digital assets. A one-size-fits-all approach could
stifle innovation and hinder technological advancements in the
financial sector. By allowing for flexibility and adaptability in
regulatory frameworks, the SEC can effectively address potential risks
while facilitating the growth and development of digital assets.

In conclusion, I appreciate the SEC's intention to enhance
investor protections and improve the custody rule. However, I believe
that there are areas within the proposed rule that require further
consideration and refinement. By addressing the issues of inconsistent
regulatory treatment and taking a principles-based approach to digital
assets, the SEC can create a regulatory environment that encourages
innovation and protects investors.

Thank you for considering my concerns. I hope that my comments will
contribute to a fruitful discussion on this important matter.

Sincerely,

Guarin Adebayo