The SEC just sent its proposed custody-rule changes to the White House.
That matters because the rules governing how investment advisers safeguard client assets may finally be rewritten to account for Bitcoin.
The proposal is now under OIRA review.
The problem is structural.
The SEC’s custody framework was built around conventional assets.
Investment advisers have asked how they can hold Bitcoin for clients while complying with those rules.
The SEC now says the framework needs modernization.
“Custody” sounds simple.
Legally, it means an adviser has possession or control of client assets.
The proposed rulemaking would address how that concept applies when the asset is Bitcoin rather than a conventional security.
The SEC’s stated objective is not simply to loosen custody rules.
It says the proposal would clarify custody requirements while removing provisions it considers outdated where they no longer provide needed investor protection.
That distinction matters.
The proposal is not law.
OIRA review is part of the federal regulatory process.
The SEC would still need to formally propose the rule and complete the required rulemaking process before anything becomes binding.
For advisers, the practical question is becoming clearer:
Can custody law recognize Bitcoin’s actual custody architecture without forcing it into rules designed for entirely different assets?
That is the question this rulemaking is trying to answer.
And custody is only one piece of the legal picture.
The rules around Bitcoin are moving across agencies, legislation, enforcement and tax.
Keeping track of each change separately is how important details get missed.
That’s exactly what I built The Bitcoin Act for.
A free newsletter focused on Bitcoin law, regulation and policy.
If you want the legal signal without the noise:
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