Crypto broker logjam may be swept away by regulatory guidance

Crypto broker logjam may be swept away by regulatory guidance
SEC and Finra provide information on how securities rules apply to some of the complicated compliance issues posed by digital tokens.
JUL 08, 2019

U.S. regulators potentially cleared the way for dozens of firms to become registered cryptocurrency brokers by issuing guidance on how securities rules apply to some of the complicated compliance issues posed by digital tokens. Crypto brokers that store customer holdings need to keep them separate from firm assets, maintain accurate books and records and, in certain cases, use a third-party custodian, according to a joint statement issued Monday by the Securities and Exchange Commission and the Financial Industry Regulatory Authority Inc. The regulators added that they've been holding a series of discussions with market participants on how decades-old custody rules might apply to the nascent technology of cryptocurrencies. On Wall Street, firms like State Street Corp. provide custody services by holding securities for investment advisers. Banks and brokerages that offer such services must be qualified custodians under SEC rules. (More: ETrade to add cryptocurrencies to platform)​ Virtual-coin enthusiasts argue that solving the issue around custody will pave the way for more widespread investment in digital tokens, and firms have been pressing the SEC for months to issue guidance. (More: Institutional investors want cryptocurrencies in their portfolios)​ Bitcoin climbed after the SEC issued the guidance, increasing by as much as 11% to $12,290. It has more than tripled this year.https://cdn-res.keymedia.com/investmentnews/uploads/assets/graphics src="/wp-content/uploads2019/07/CI12022678.JPG"

Issues around custody are particularly important for roughly two dozen companies that have been seeking to register with Finra as either brokers or so-called automated trading systems. Coinbase Inc. and Circle Internet Financial Ltd. are among the U.S. titans of cryptocurrency trading that have been vying to become regulated brokers. "Anything that provides clarity on what the SEC rules are relative to cryptocurrency is great for the industry," Lou Kerner, a partner at CryptoOracle, wrote in an email statement. "Given the uncertainty, most crypto companies have been counseled to stop issuing or trading tokens in the U.S. That's closing a massive market to the industry, depressing demand." Still, while the SEC's Monday action might be momentous, it also laid out hurdles that some firms might face in getting the agency's stamp of approval. For instance, the regulator said any broker that plans to custody clients' digital securities must comply with customer protection rules. Such requirements could prove challenging when assets are stored electronically, and for an industry that's well-known for the frequent thefts of digital tokens. (More: As popularity of cryptocurrencies increased, so did consumer complaints)

Latest News

SEC fines Zoe Financial $450K over undisclosed referral conflict
SEC fines Zoe Financial $450K over undisclosed referral conflict

Salespeople at the firm often went beyond the matching algorithm to recommend network advisors on its Zoe Wealth platform, according to the regulator.

Senate vote on NIL bill could reshape college athletes' paydays
Senate vote on NIL bill could reshape college athletes' paydays

The Protect College Sports Act would cap school payments and codify NIL rights, with implications for advisors guiding young athletes.

'I'm done': Pandemic memories push business owners toward the exit
'I'm done': Pandemic memories push business owners toward the exit

"I know the number that I want to be able to retire on, and now I just want out," says Wilmington Trust's Marguerite Weese, describing a common refrain among business-owner clients.

Northern Trust bulks up family office team with New York hires
Northern Trust bulks up family office team with New York hires

Bessemer and Brown Brothers Harriman veteran Robert Ludricks III and private markets specialist Olof Akesson join the ultra-high-net-worth push on the East Coast.

SEC accuses trucking operator of running $127 million Ponzi scheme
SEC accuses trucking operator of running $127 million Ponzi scheme

765 investors were promised 260% annual returns on truck leases

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains