Why are crypto custody rules for registered investment advisors due for modernization — and what could a future-proof framework look like?

Sarah Helena Brennan is the General Counsel for Delphi Ventures, and Jay Stolkin is the Deputy General Counsel at Multicoin Capital.

Timestamps:

➡️ 0:05 — Why the custody rule matters for crypto

➡️ 1:27 — The SEC’s safeguarding proposal and why this paper was written

➡️ 5:58 — What the custody rule and “qualified custodians” actually require

➡️ 10:26 — Why digital assets challenge legacy custody assumptions

➡️ 14:47 — Fees, loss of utility, and concentration risk under the status quo

➡️ 18:21 — The case for optionality and a flexible custody framework

➡️ 22:53 — The five core tenets of cryptoasset safeguarding

➡️ 25:50 — Lessons from the privately offered securities exemption

➡️ 28:27 — On-chain verification, auditors, and real-time transparency

➡️ 32:16 — Where regulators may push back—and what comes next

Sponsor: Day One Law, a boutique corporate law firm founded by Nick Pullman. Nick and his team at Day One provide strategic legal counsel to startups, crypto projects, and Web3 innovators. ⁠You can get in contact with them via this link⁠: ⁠⁠https://www.dayonelaw.xyz/#contact

Resources:

📄 Sarah and Jay’s Whitepaper
📓 SEC Agency Rule List

Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by the guest are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.

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