The U.S. SEC released regulatory FAQs related to crypto assets and distributed ledger technology

According to the announcement on the official website of the U.S. Securities and Exchange Commission (SEC), the SEC's Division of Trading and Markets recently released a Frequently Asked Questions (FAQs) document regarding activities involving crypto assets and distributed ledger technology (DLT), aimed at providing compliance guidance for market participants, covering the following core areas:

Broker-dealer Responsibilities: Non-securities crypto assets are not subject to the provisions of Section 15c3-3 of the Securities Exchange Act; however, if they are "crypto asset securities," brokers may establish "control" under that section to meet compliance requirements. The SEC does not oppose non-paper form assets.

Customer Asset Protection: If the crypto asset is not a registered product under the Securities Act, the SIPC (Securities Investor Protection Corporation) will not provide protection. The SEC recommends treating non-securities crypto assets as "financial assets" under UCC Article 8 and placing them in "securities accounts" to enhance the independence of customer assets in the event of liquidation.

Dual Asset Trading Pairs: National Securities Exchanges (NSE) and Alternative Trading Systems (ATS) may offer paired trading of "crypto securities/non-securities assets," provided they comply with regulatory requirements and disclose relevant information in Form ATS or ATS-N.

Transfer Agents and DLT: If a transfer agent provides securities transfer services for the issuer of crypto assets, and the assets are registered securities under Section 12, they must register with the SEC. The SEC does not oppose using blockchain as a master ledger, provided that all recordkeeping and regulatory requirements in federal regulations are met.

Clearing and Settlement and ETPs: When registered brokers operate an ATS, they may clear customer transactions within their account ledgers, and the SEC does not mandate registration as a clearing agency. For ETPs referencing crypto assets, the SEC does not oppose their operation based on the no-action letter issued in 2006 for commodity ETPs.