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In early November 2020, the staff of the U.S. Securities and Exchange Commission (“SEC”) Division of Investment Management (“IM Division”), in consultation with the SEC’s “FinHub” staff, issued a statement in response to a No-Action Letter from the Wyoming Division of Banking purporting to provide interpretive guidance on both Wyoming and federal securities laws, including in the area of custody of digital assets.
In sum, the SEC staff’s statement provides the following takeaways. Unfortunately, these are neither newsworthy nor helpful in terms of regulatory clarity.
The SEC is still trying to formulate the confines of who should and can be a “qualified custodian” with respect to digital assets.