On October 1, the US Securities and Exchange Commission issued a regulatory proposal to modernize crypto custody services. The framework aims to remove hurdles for registered investment advisers and regulated funds by permitting self-custody in limited cases and expanding eligible custodian entities. This includes state-chartered trust companies and broker-dealers, provided they meet strict operational safeguards like asset segregation and cybersecurity protocols.

The proposal operates under the Investment Advisers Act of 1940 and the Investment Company Act of 1940. It replaces the withdrawn 2023 “Safeguarding Rule” after significant criticism regarding its restrictive nature. Chairman Paul Atkins stated the new framework addresses uncertainty caused by outdated regulations. A 60-day public commentary period is now open, with voting on this and the related “Regulation Crypto Assets” proposal expected no earlier than the first half of 2027.