According to Foresight News , the U.S. Securities and Exchange Commission's (SEC) Division of Trading and Markets issued a "Statement on Brokerage Firms' Custody of Crypto Asset Securities," clarifying the application of "physical possession or control" under Rule 15c3-3(b)(1) of the Securities Exchange Act in the context of "crypto asset securities." The statement says that the SEC will not object to recognizing a brokerage firm as having "physical possession" of the relevant assets in a client's account if the following conditions are met: direct access and the ability to transfer assets on-chain; establishing and implementing written policies to evaluate and continuously review the distributed ledger technology and network on which it relies; and possession is not recognized if significant security or operational issues or other significant custody risks are known.
The U.S. SEC's Division of Trading and Markets has released new guidelines for the custody of crypto-asset securities.
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