SEC Commissioner Hester Peirce outlined a three-part regulatory framework for digital assets during recent remarks, emphasizing the need for clarity as markets evolve. The proposals target capital formation, transfer agent modernization, and crypto custody rules for investment advisers.
Digital Asset Clarity Act Would Reduce Regulatory Guesswork
The first pillar centers on advancing the Digital Asset Clarity Act. If adopted, the framework would give entrepreneurs greater certainty to raise capital in the U.S. using digital assets rather than having to “guess what the law is as they go.” The legislation aims to define when a digital asset qualifies as a security, providing a clearer path for compliant fundraising.
Transfer Agent Rules Overdue for Blockchain Integration
The second initiative calls for an overhaul of transfer agent rules to include blockchains for digital ownership ledgers. Peirce noted the rules have not been seriously updated in roughly four decades and were built for paper stock certificates. Transfer agents are already adapting to a market that increasingly incorporates tokenized assets, making regulatory modernization essential.
Crypto Custody Proposal for Advisers and Regulated Funds
Additionally, Peirce said she has asked SEC staff to develop a proposal clarifying crypto custody for investment advisers and regulated funds. That proposal would seek to allow advisers, under certain conditions, to custody crypto themselves and to use state trust companies as custodians. Self-custody may be necessary because qualified third-party custodians do not yet exist for some assets, while state trust companies already provide a pathway that “works in practice.”
Unified Regulatory Architecture
Peirce described the three initiatives together as “three pillars of a single, rational, and comprehensive regulatory architecture.” She emphasized the urgency of action, stating, “The SEC should not be the last institution to notice that the world actually has changed.”
The push for the Clarity Act vote comes as the bill faces an uphill battle, with several key disputes still unresolved ahead of Tuesday’s procedural vote.
