Subject: S7-04-23: Webform Comments from 13
From: Anonymous
Affiliation:

Oct. 31, 2023

Dear Securities and Exchange Commission,

I am writing to provide my public comment on the proposed rule titled
"Safeguarding Advisory Client Assets." While I understand
the intentions behind this rule to enhance investor protections and
address gaps in the custody rule, I have several concerns that I would
like to address.

One area of particular concern is the lack of clarity in the
definition of digital assets. The proposal fails to provide clear
guidance on what constitutes a digital asset, leading to confusion and
potential misinterpretation. This lack of clarity could hinder the
ability of investment advisers to effectively safeguard client assets,
especially in the rapidly evolving landscape of digital assets, such
as cryptocurrencies.

Digital assets, including cryptocurrencies, have emerged as
transformative financial instruments built on blockchain technology.
However, due to their unique characteristics and regulatory
uncertainties, ensuring their proper safeguarding becomes a critical
challenge. It is imperative that the proposed rule provides specific
and comprehensive guidance on the treatment and safeguarding of
digital assets to protect both investors and investment advisers.

Furthermore, while the proposed rule addresses the application of the
rules to crypto assets, it lacks nuance when it comes to
differentiating between the various types of digital assets. Different
digital assets have varying degrees of risk and should be treated
differently when it comes to custody and safeguarding requirements.
Taking a one-size-fits-all approach may not only be impractical but
could also stifle innovative technologies and hinder the growth of the
digital asset market.

In addition to the lack of clarity regarding digital assets, I am also
concerned about the potential burdens placed on investment advisers by
the proposal. The proposed rule introduces new compliance requirements
and recordkeeping obligations, which could impose significant costs on
advisers and potentially deter small businesses from entering the
advisory industry. It is crucial to strike the right balance between
enhancing investor protections and ensuring a regulatory framework
that is accessible to both large and small advisers.

While I appreciate the efforts made by the SEC to consider the
economic impact of the proposed rule, I urge the Commission to conduct
a thorough analysis of the potential costs and benefits, particularly
for small advisers. The estimates provided in the economic analysis
may not accurately reflect the realities small advisers may face, such
as limited resources and differing business models. It is important to
ensure that the proposed rule does not disproportionately burden small
advisers or hinder their ability to provide valuable services to
clients.

In conclusion, I believe that the SEC's proposal to enhance the
safeguarding of client assets is a step in the right direction.
However, it is crucial that the proposal provides clear and
comprehensive guidance on the treatment of digital assets and
considers the unique challenges and opportunities they present.
Furthermore, the SEC should ensure that the proposed rule strikes the
right balance between investor protection and the burden placed on
investment advisers, particularly small businesses.

Thank you for considering my concerns and comments on this important
matter.

SincerelySincerely 13