The U.S. Securities and Exchange Commission (SEC) has issued a no-action letter permitting investment advisers to use state-chartered trust companies as qualified custodians for cryptocurrency assets. This decision provides clarity under the Investment Advisers Act of 1940, which mandates that client assets be held with a qualified custodian, typically a bank or a trust company with national fiduciary powers.
This guidance enables investment advisers and registered funds to consider state trust companies for crypto custody, provided they conduct due diligence and determine it is in their clients' best interests. The move is expected to expand the crypto custody market, allowing more entities like Coinbase, Ripple, BitGo, and WisdomTree Funds to be recognized as qualified custodians. The SEC's Brian Daly noted that while this is a staff letter, future rulemaking could further address the topic.
SEC Allows State-Chartered Trusts as Crypto Custodians
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