In a move aimed at clarifying regulatory expectations, the SEC’s Division of Trading and Markets has released a set of Frequently Asked Questions (FAQs) addressing how existing broker-dealer financial responsibility and transfer agent rules apply to crypto asset activities and distributed ledger technologies.
Commissioner Hester Peirce welcomed the FAQs, describing them as an “incremental step along the journey” toward regulatory clarity in the digital asset space.
While many of the FAQs simply reaffirm existing regulations, they tackle some of the pressing uncertainties market participants face when dealing with crypto. For instance, they clarify that broker-dealers holding non-security crypto assets for customers are not subject to the same capital rules as those applied to securities, particularly under Rule 15c3-3.
The document also emphasizes that only Bitcoin and Ether—the two crypto assets currently underlying exchange-traded products (ETPs) on U.S. national exchanges—are referenced in the guidance. However, this does not imply exclusivity or limitations on broker-dealer asset custody.
Key Points
- Non-security crypto assets held by broker-dealers are not protected by SIPA, the Securities Investor Protection Act.
- The FAQs offer initial guidance for transfer agents using distributed ledger technology.
- They reaffirm that Rule 15c3-3’s possession and control requirements apply only to securities, not to non-security crypto assets.
- Further guidance is expected, especially around tokenized versions of traditional securities and other non-securities custody models.
Commissioner Peirce acknowledged the FAQs as a positive step but stressed that much work remains. Market participants continue to call for a fit-for-purpose broker-dealer framework and greater clarity around tokenized assets.
What’s Next?
Peirce noted the demand for a special-purpose broker-dealer statement, better guidance on on-chain tokenization, and clearer rules for broader crypto asset treatment. She also encouraged the industry to provide feedback to the SEC’s Crypto Task Force
Kosta Gushterov
Reporter at Coindoo
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Source: https://coindoo.com/sec-issues-new-guidance-on-crypto-broker-dealer-rules/