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SEC proposes crypto custody rules for advisers and funds

SEC proposes crypto custody rules for advisers and funds

The Proposal (the “Proposal”) would:

  • permit registered investment advisers and registered management investment companies and business development companies (BDCs, and together with registered management investment companies, “regulated funds”) to self-custody crypto assets in certain circumstances subject to conditions
  • permit advisers and regulated funds to maintain client or fund crypto assets with a state trust company, subject to conditions
  • modernize the custody rules under both statutes, and
  • update recordkeeping and disclosure requirements.2

Chairman Paul S. Atkins stated the Commission proposed “to close a gap that has left investment advisers and funds guessing how to effect lawful custody of an asset class that their…

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