Key Takeaways:
The U.S. Securities and Exchange Commission has published a new Investor Bulletin aimed at educating retail investors on how to properly hold and safeguard their crypto assets. Released by the SEC’s Office of Investor Education and Assistance, the guidance marks one of the most comprehensive custody explanations the agency has issued in years and comes at a time when regulators are reassessing the role of digital assets in traditional finance.
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The bulletin begins with a clear definition of crypto custody: the method through which investors store and access their digital assets. The SEC emphasizes that crypto assets do not live inside wallets themselves. Rather, wallets replace personal keys, the inimitable cryptography codes providing complete access to money.
According to the warning of the agency, losing a private key means permanently losing assets, which is one of the most widespread scenarios leading to losses at the consumer level of crypto. The private keys cannot be reset, recovered by a service provider or be retrieved by the government.
The SEC divides wallets into two major categories to make retail investors learn of the roles they have to play:
The instructions emphasize the need to secure seed phrases that serve as the recovery tool of lost or damaged wallets. The agency puts across a clear policy of never sharing seed phrases, never taking a picture of them, never uploading them on the internet, or handing them out to an alleged service provider.
Another interesting part of the bulletin is devoted to disclosing the distinction between self-custody and third-party custody since most retail users might overrate the technical and security stakes that each approach presupposes.
With self-custody, investors have ownership rights to their own keys and have complete responsibility regarding security decisions. This involves wallet configuration, seed-phrase security, backup safeguards and continuous device security. The SEC cautions that the most frequent point of failure in self-custody is user error, as opposed to blockchain vulnerability.
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The bulletin motivates investors to consider:
Conversely, third-party custody transfers the line of control to exchanges or regulated custodians. Such services store assets with a combination of hot and cold infrastructure and it may provide insurance or recovery measures. The SEC however warns the investors that when they give the assets to a custodian, they are taking risks like being hacked, becoming insolvent, becoming bankrupt or being shut down.
To help investors evaluate third-party custodians, the SEC encourages due diligence on:
The bulletin indicates that investors must never believe that custodians provide the same protection as customary banks or broker-dealers.
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