Coinbase’s Paul Grewal says SEC proposed custody rule ‘unnecessarily singles out crypto’

Coinbase Chief Authorized Officer Paul Grewal spoke up in opposition to the U.S. Securities and Trade Fee’s proposed revisions to federal custody necessities that require registered funding advisers (RIAs) to carry consumer belongings at certified custodians.

The trade formally added its comments concerning the proposed rule on Could 8, the deadline for submission.

Grewal’s tweets come after Marisa Tashman Coppel, Coverage Counsel for the Blockchain Affiliation, warned on Could 8 that the SEC’s rule change may “drastically curtail” crypto funding.

Grewal stated in a Twitter thread that the trade agrees with the “spirit of the proposal.”

He added:

“We’re assured Coinbase Custody Belief Firm will stay a QC even when the proposal is adopted as is.”

Feedback on SEC proposal

In its feedback, amongst different points, Coinbase disagreed with the SEC’s proposition to shift the sorts of banks allowed to function certified custodians to incorporate solely these “topic to Federal regulation and supervision” and believes state belief corporations and different state-regulated monetary establishments ought to proceed to be certified custodians.

“The Proposal incorporates no coverage clarification or financial evaluation that may help altering the scope of banks eligible to function certified custodians,” Coinbase famous in its feedback, including that such a rule requires extra reasoning, reviewing alternate options, and cost-benefit evaluation than the proposal supplies.

Coinbase additionally believes the proposal requirement by the SEC for RIAs to keep up possession or management of consumer belongings always is  “to justify banning RIA consumer trades on crypto exchanges that aren’t certified custodians and require pre-funding to execute transactions.”

The corporate believes the proposal ought to permit consumer belongings to briefly depart the certified custodian so advisers can execute and settle trades inside sooner or later after the transaction. It contends that this restriction on crypto asset buying and selling doesn’t contemplate the reasoning for crypto exchanges pre-funding transactions or the real-time settlement profit it supplies.

Grewal stated in his Twitter thread that:

“[T]his proposal unnecessarily singles out crypto and makes inappropriate assumptions about custodial practices based mostly on securities markets.”

In accordance with Coinbase, the SEC should implement a “unified possession or management normal” that allows shoppers to carry crypto belongings at a wider vary of certified custodians. The corporate famous that the proposal in its present type could be detrimental to broker-dealers, holding them to a better custodial normal for crypto belongings than banks and overseas monetary establishments, and believes broker-dealers ought to custody crypto belongings below the identical necessities as different asset lessons.

Coinbase additionally prompt different amendments to the proposal, comparable to tailoring indemnification and insurance coverage necessities by asset class and permitting subtle buyers to barter custodial preparations.

Grewal ended the thread by saying:

“We respect the possibility to weigh in and we stay up for partaking with the SEC to get this proper – public rulemaking is a vital step in bringing additional readability to the market.”

Coinbase vs. SEC

Coinbase has been embroiled in a authorized battle with the SEC ever because it acquired a Wells Notice in March. Since then, the trade has repeatedly spoken out in opposition to the SEC’s laws.

The trade not too long ago procured a court order that compels the SEC to reply to the trade’s mandamus petition that requested the SEC to make use of its rulemaking course of to develop steering for corporations within the crypto business.

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