1 October 2025
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U.S. SEC Allows Crypto Custody at State-Chartered Trust Companies
- The U.S. SEC has issued a "no-action letter" allowing SEC-registered advisers and funds to place digital assets in state-chartered trust companies. This includes affiliates of major crypto firms like Coinbase and Kraken.
- This decision marks a shift from the previous stance under former SEC Chair Gary Gensler, who sought to restrict which entities could handle crypto for registered advisers.
- The current SEC, led by Chairman Paul Atkins, is focusing on creating favorable policies for the crypto industry.
- The no-action letter provides short-term compliance relief, stating the SEC won't recommend enforcement against advisers treating a state trust company as a 'bank' for crypto asset custody.
- Commissioner Hester Peirce suggested the need for updated rules on custodianship, potentially allowing tech-savvy companies to self-custody.
- Democratic Commissioner Caroline Crenshaw opposed the move, arguing it creates uneven regulations across states and ignores federal chartering efforts.
- Chairman Atkins plans to issue formal crypto rules soon, while Congress progresses on broader digital asset market regulation.