The SEC's Division of Trading and Markets has released new guidelines for the custody of crypto asset securities

The U.S. Securities and Exchange Commission (SEC) Division of Trading and Markets issued an important statement on December 17, 2025, clarifying its regulatory stance on broker-dealers custodying crypto asset securities.

According to the statement, the SEC will not oppose broker-dealers considering themselves to have "actual possession" of crypto asset securities under certain conditions, which include that broker-dealers must maintain reasonably designed policies, procedures, and controls, and adhere to industry best practices to protect private keys. This statement provides clear guidance for broker-dealers looking to offer custody services to clients, applicable to various crypto asset securities, including tokenized equity or debt securities.

SEC Commissioner Hester M. Peirce encouraged the Division of Trading and Markets to swiftly develop recommendations for amending Rule 15c3-3 to comprehensively address the custody of crypto assets.