Key considerations for RIAs and broker-dealers as regulatory focus on crypto asset custody continues into 2026.
As digital assets continue to evolve, registered investment advisers and broker-dealers are revisiting their frameworks for oversight, custody, and client disclosure. Regulatory expectations in this space remain fluid, particularly as the SEC has emphasized its commitment to investor protection while reassessing the scope of proposed custody reforms.
Although the SEC’s 2023 proposal to redesignate Rule 206(4)-2 as the “Safeguarding Rule” was formally withdrawn in 2025, recent enforcement actions and examination priorities reflect a continued focus on how firms handle digital assets, particularly with respect to third-party custody arrangements, asset classification, and control procedures.
FINRA’s Crypto Hub offers member firms a centralized resource, and several agencies have published alerts or interpretive guidance aimed at increasing transparency. At RegComp, we are advising clients to document internal evaluations related to digital assets, update supervisory procedures where relevant, and ensure that compliance programs reflect current operational realities.
📌 2026 Consideration: As digital asset markets mature, firms should approach crypto-related activities with enhanced scrutiny and ensure all material risks are addressed in their compliance documentation and advisory disclosures.
For additional regulatory insight, see the SEC Division of Trading and Markets’ December 17, 2025 staff statement regarding the custody of crypto asset securities by broker-dealers under Rule 15c3-3.
RegComp Financial is a leading national compliance consulting firm with offices in Texas and Florida. To read more about RegComp Financial and its services related to investment adviser compliance, please visit https://www.regcompfinancial.com or call (713) 565-8733.
What RIAs and broker-dealers should consider as reliance on third-party technology platforms expands across operations and client delivery.
Key considerations for RIAs and broker-dealers as regulatory focus on crypto asset custody continues into 2026.
As a reminder, amended rule 203A-2(e) will impose certain reporting, recordkeeping, and compliance requirements on investment advisers relying on the exemption.
