SEC finally writes rules for crypto wallets in investment funds.
Published Date: 10/6/2026
Proposed Rule
Summary
The SEC is updating rules for how investment advisers and funds handle crypto assets, making sure they keep these digital investments safe and properly reported. These changes affect advisers, funds, and anyone managing crypto securities, aiming to modernize rules and improve transparency. Comments on the proposal are open until December 7, 2026, so get ready to weigh in!
Analyzed Economic Effects
7 provisions identified: 4 benefits, 3 costs, 0 mixed.
New SEC Crypto Custody Rules
The SEC is proposing new custody rules and amendments under the Investment Company Act and the Advisers Act to address how regulated funds and registered investment advisers may custody crypto assets and crypto securities. The proposal also seeks to modernize existing custody rules and related recordkeeping and disclosure requirements; the proposal was published October 6, 2026, with comments due by December 7, 2026.
Adviser Self‑Custody Option
The SEC proposes a new adviser self-custody rule that would permit registered investment advisers to self-custody client crypto funds and securities under specified conditions. The proposal includes required determinations about qualified custodians, safeguarding expertise and systems, cybersecurity, annual review, internal control reports, and client account statements.
Regulated Fund Self‑Custody of Crypto
The SEC proposes rules specifically addressing regulated funds' ability to self-custody crypto assets (see proposed rule sections titled 'Self-Custody of Regulated Fund Crypto Assets'). These proposed provisions are intended to set conditions under which a regulated fund could maintain its crypto assets directly.
State Trust Companies as Custodians
The SEC proposes treating State-chartered trust companies as possible custodians for crypto assets under specified conditions. The proposal includes requirements such as initial and annual determinations, a financial statement audit, internal control reports, and segregation of assets for State trust company custodians.
New Recordkeeping for Crypto Assets
The SEC proposes amendments to Advisers Act and Investment Company Act recordkeeping rules to reflect the custody rule modernizations, including specific record requirements related to crypto assets and records originating from crypto networks. These changes would apply to registered investment advisers and regulated funds.
Accountant Guidance and Verification Changes
The SEC proposes updates to guidance for accountants, including revisions for independent verification and changes to internal control report requirements tied to custody of crypto assets. These updates are intended to align accountant procedures with the proposed custody and recordkeeping rules.
Audit / PCAOB‑Registered Accountant Requirement
As part of the investment adviser custody rule modernization, the SEC proposes a PCAOB-registered accountant requirement and related audit provisions (see 'PCAOB-Registered Accountant Requirement' and 'Audit Provision'). These changes would affect how custody-related audits and internal control reports are conducted for advisers and regulated funds.
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