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SEC Issues Investor Bulletin on Crypto Custody, Marking Shift Toward Practical Guidance

The move signals a pivot toward investor education supporting on‑chain integration.

Overview

  • The SEC’s Office of Investor Education and Assistance published a Dec. 12 bulletin explaining crypto custody basics, clarifying that wallets store private keys rather than the assets themselves.
  • The guidance stresses that private keys cannot be changed or replaced and that losing a key or exposing a seed phrase can permanently forfeit access to funds.
  • It distinguishes hot wallets from cold storage, noting the trade‑off between online convenience and exposure to cyber threats versus offline security with physical loss and damage risks.
  • The bulletin outlines self‑custody versus third‑party custody responsibilities and urges due diligence on custodians’ regulatory status, insurance, rehypothecation and commingling policies, cybersecurity practices, privacy protections, and fees.
  • Coverage frames the release as part of a regulatory pivot highlighted by Chair Paul Atkins’ comments about markets moving on‑chain and recent approvals tied to tokenization and crypto ETP mechanics, alongside a reduced emphasis on enforcement.