SEC Expands Crypto Custody Options, Recognizes State Trust Companies as 'Banks'

October 1, 2025
SEC Expands Crypto Custody Options, Recognizes State Trust Companies as 'Banks'
  • The SEC has issued a no-action letter allowing SEC-registered advisers and funds to treat state trust companies as 'banks' for crypto custody, broadening custodial options.

  • This guidance enables regulated investment advisers and funds to use state-licensed trust companies to hold cryptocurrencies like Bitcoin and Ethereum, provided they follow specific safeguards.

  • State trust companies can serve as crypto custodians if they adhere to safeguards such as asset protection procedures and due diligence, ensuring client interests are prioritized.

  • SEC Commissioners Hester Peirce and Caroline Crenshaw expressed differing views; Peirce supported rule updates for tech-savvy companies to custody assets, while Crenshaw criticized the move for bypassing formal rulemaking.

  • This policy shift comes amid broader regulatory tensions, including restrictions by the Federal Reserve and Treasury Department on how banks and crypto firms interact, exemplified by Operation Choke Point 2.0.

  • The development marks a significant move towards easing restrictions and increasing acceptance of crypto custody amid ongoing regulatory pressures.

  • The SEC's crypto policy efforts are part of 'Project Crypto,' with plans to issue formal rules soon, amid legislative progress toward comprehensive digital asset regulation.

  • This move is an interim step toward modernizing custody rules, with the SEC planning amendments to existing regulations under the Investment Company and Advisers Acts.

  • The guidance was prompted by a request from law firm Simpson Thacher & Bartlett, representing a step toward broader custody rule reforms.

  • SEC Commissioner Hester Peirce welcomed the guidance, stating it reduces uncertainty for advisers and could lead to principles-based modernization of custody rules.

  • Wyoming Senator Cynthia Lummis supported the move, highlighting her state's early recognition of trust companies as crypto custodians and its influence on SEC decisions.

  • Industry analysts and crypto traders praised the move for providing clarity and promoting crypto adoption, with expectations of increased qualified custodians.

  • The move signals a willingness to integrate crypto assets into traditional financial frameworks, potentially boosting ETF approvals and institutional strategies.

Summary based on 7 sources


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