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.