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Banking and Financial Associations Call for SEC to Revise SAB 121 for Digital Asset Custody

Banking and Financial Associations Call for SEC to Revise SAB 121 for Digital Asset Custody

In recent years, the rise of digital assets, such as cryptocurrencies, has presented new challenges for the banking and financial industry. As these assets gain popularity and acceptance, there is a growing need for regulatory clarity and guidance on how to handle their custody. To address this issue, banking and financial associations are calling on the Securities and Exchange Commission (SEC) to revise Staff Accounting Bulletin (SAB) 121 to provide specific guidelines for digital asset custody.

SAB 121, issued by the SEC in 1999, provides guidance on how to evaluate whether an entity has control over an asset for accounting purposes. However, it was not designed to address the unique characteristics of digital assets, which are often held in digital wallets or on blockchain networks. As a result, banks and financial institutions have been left without clear instructions on how to account for these assets and ensure their safekeeping.

The lack of regulatory clarity has hindered the adoption of digital assets by traditional financial institutions. Many banks have been reluctant to offer custody services for cryptocurrencies due to concerns about compliance with existing regulations. This has created a fragmented market where custodial services are primarily provided by specialized cryptocurrency exchanges and startups, rather than established financial institutions.

Recognizing the need for regulatory clarity, banking and financial associations have come together to urge the SEC to revise SAB 121. They argue that the current guidance does not adequately address the unique characteristics of digital assets and fails to provide clear instructions on how to account for them. Without specific guidelines, banks and financial institutions are left to interpret the existing rules, leading to inconsistencies in accounting practices across the industry.

The associations propose that the revised SAB 121 should include provisions that outline the requirements for custodial services of digital assets. This would include guidelines on how to establish control over these assets, how to safeguard them from theft or loss, and how to account for any potential risks associated with their custody. By providing clear instructions, the SEC can help banks and financial institutions navigate the complexities of digital asset custody and ensure compliance with existing regulations.

Moreover, revising SAB 121 would also help level the playing field between traditional financial institutions and cryptocurrency exchanges. Currently, specialized exchanges have an advantage in offering custodial services due to their familiarity with digital assets. By providing regulatory clarity, banks and financial institutions can confidently enter the market and offer custodial services, thereby expanding the options available to investors and promoting competition.

In conclusion, the banking and financial industry is calling on the SEC to revise SAB 121 to provide specific guidelines for digital asset custody. The lack of regulatory clarity has hindered the adoption of digital assets by traditional financial institutions and created a fragmented market. By revising SAB 121, the SEC can provide clear instructions on how to account for and safeguard digital assets, helping banks and financial institutions navigate this emerging asset class while ensuring compliance with existing regulations. This would not only benefit the industry but also promote competition and expand options for investors.

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