🚨Breaking News: @SECGov issued a no-action letter stating that investment advisors can use state-chartered trust companies as qualified custodians for crypto assets.
What does this mean?
Under the Investment Advisers Act of 1940, advisors are required to hold client assets with a qualified custodian, typically a bank or a trust company with state fiduciary authority.
This guidance reassures investment advisors and registered funds that they can use state-chartered trust companies for custody of crypto assets.
“Further clarity is needed because state-chartered trust companies are not universally considered qualified custodians for crypto assets,” Brian Daly, Director of the SEC’s Division of Investment Management, told me.
Under this new staff guidance, state-chartered trust companies can now qualify as cryptocurrency custodians if investment advisors conduct due diligence and determine it is in the best interest of their clients.
Why is this important?
It opens the door to more participants in the cryptocurrency custody market and provides broader access to funds custodying crypto assets. Participants such as @coinbase, @Ripple (via @StandardCustody), @BitGo, and @WisdomTreeFunds will be recognized as qualified custodians.
Daly stated, “This is a staff letter, so this issue may be addressed in future rulemakings. We believe the market will benefit from guidance tailored to today’s products, today’s regulators, and today’s issues.”