SEC reportedly moves to expand crypto custodial services after bill stalls; proposes new rule for investment funds holding crypto; SEC plan would let investment advisers hold clients' crypto
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SEC reportedly moves to expand crypto custodial services after bill stalls; proposes new rule for investment funds holding crypto; SEC plan would let investment advisers hold clients' crypto
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Context
Agencies moving by rulemaking after legislation stalls is a well-worn sequence in US financial regulation: when Congress deadlocks, the regulator reaches for its existing statutory toolkit, and the resulting rules tend to be narrower, slower to finalise, and more exposed to legal challenge than statute would have been. The substance here goes to the custody question, which has been the central structural barrier to regulated fund and adviser participation in crypto; prior SEC posture under the custody rule pushed advisers toward qualified custodians, a definition most crypto platforms did not cleanly meet, so any proposal widening that perimeter shifts the bottleneck from legal status to implementation. The distinction worth drawing is between a proposal and an adopted rule: crypto-related rulemakings at the SEC have historically attracted heavy comment flow, litigation risk, and reversals across leadership changes, so the path from proposal to effective date is the variable, not the direction. Transmission runs through the custodian and prime-broker peer set, exchange and basis liquidity, and the compliance cost differential between registered and offshore venues rather than through the token price directly. The follow-ons are the formal proposal text, the comment period, and whether the banking regulators move in parallel, since custody economics depend on capital treatment as much as on securities-law permission.
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