Discover and read the best of Twitter Threads about #QualifiedCustodian
Most recents (5)
1/ HEY PEEPS—lots of folks asking abt @Anchorage OCC trust charter—again, congrats to Anchorage!💪👏 But OCC trust charter is narrower than #Wyoming SPDI charter. OCC trust cos can’t take deposits or directly access the Fed’s pymt system. Here’s the thread I promised. 👇
2/ Key=there’s a pecking order among types of bank charters. At the top of food chain are the mega-banks that can fund US govt. Next=banks ("depository institutions") that have direct access to the Fed’s payment system. Below them are banks & trust cos that don't have such access
3/ OCC trust cos are in the 3rd category but #Wyoming SPDIs rank above them, in the 2nd. To be eligible for direct pymt system access at Fed, the bank must be a "depository institution" (as defined in 12USC461). Wyoming SPDIs are depository institutions, but OCC trust cos aren’t.
BIG NEWS FROM SEC🚨-clarity in US #crypto regulation did come w/ #Wyoming's Oct 23 #NoActionLetter regarding #qualifiedcustodian (SEC just confirmed)
tl;dr=SEC Custody Rule favors banks as QCs, bc state trust cos may not give as much protection as banks
sec.gov/news/public-st…
tl;dr=SEC Custody Rule favors banks as QCs, bc state trust cos may not give as much protection as banks
sec.gov/news/public-st…
2/ Lack of clarity has kept the HUGE #RIA & asset mgr market out of #crypto but this should help. Sum:
* banks are #qualifiedcustodian by def'n, but
* state-chartered trust cos may not be
RIA must defend that a state trust co provides as much protection as a bank, broker, FCM.
* banks are #qualifiedcustodian by def'n, but
* state-chartered trust cos may not be
RIA must defend that a state trust co provides as much protection as a bank, broker, FCM.
3/ Consider how SEC frames the ?s:
* do state trust cos have "characteristics similar to" institutions "SEC has identified as QCs" (ie, state trust cos aren't in group SEC identifies as QCs)
* wld state trust co as QC add gaps/enhancements? (again the ? presumes they're not QCs)
* do state trust cos have "characteristics similar to" institutions "SEC has identified as QCs" (ie, state trust cos aren't in group SEC identifies as QCs)
* wld state trust co as QC add gaps/enhancements? (again the ? presumes they're not QCs)
1/ HEY CRYPTO LAWYERS: buckle in bc a big piece of US #crypto regulatory puzzle fell in place yesterday. Culminates >2yr process, coordinating w/ SEC & other regulators, to clarify "#qualifiedcustodian." #NoActionLetter by #Wyoming Banking Division🤠here:
docs.google.com/viewer?a=v&pid…
docs.google.com/viewer?a=v&pid…
2/ Here's an article from @ForbesCrypto's @AndreaTinianow & a post from McDermott Will & Emery, the attorneys who obtained the letter for @TwoOceanTrust of #Wyoming.
So...WHAT DOES IT REALLY MEAN??? 🤔
mwe.com/media/mcdermot…
forbes.com/sites/andreati…
So...WHAT DOES IT REALLY MEAN??? 🤔
mwe.com/media/mcdermot…
forbes.com/sites/andreati…
3/ Follow along! Under SEC Custody Rule & SEC Customer Protection Rule, #RIAs (Registered Investment Advisers) & investment managers must hire a #qualifiedcustodian to store customers' assets.
But traditional custody banks can't/won't touch #bitcoin & other #crypto right now.
But traditional custody banks can't/won't touch #bitcoin & other #crypto right now.
1/ NEWS out of #Wyoming ahead of #ConsensusInvest, previewed by Chris Land, gen. counsel of WY Banking Division at #FordhamLaw #blockchain regulation conf today:(1) solution to #BitLicense prob for #crypto cos=open a NY branch of a WY SPDI; (2) Wyoming just released custody rules
2/ Chris explained today that #Wyoming #SPDI, which is a state-chartered bank, is a passport into ~42 US states w/o need for addl state license. In the other states, such as NY, it may need to open a branch. Federal law protects parity of national banks & state-chartered banks...
3/ ...of other states, so if a state exempts a national bank from a regulation, then other state-chartered banks are exempt from it too. Thus...drum roll...since NY law exempts national banks from the #BitLicense, #Wyoming's #SPDI almost certainly exempt too (NOT LEGAL ADVICE!)
1/ TWEETSTORM about #Wyoming’s BIG REVEAL. This is long & info-packed, so buckle in. My native state is about to do bigger things for #blockchain, & the sector is about to pay Wyoming back big-time. Win-win! @Tyler_Lindholm @SenatorDriskill @TraceMayer @ForbesCrypto
3/ New bill 2 parts. 1-Digital asset custody via #SEC #CustodyRule wld create first true #QualifiedCustodian for digital assets (for investors who by law can’t self-custody). 2-Defines property rights for digital assets—doing something HUGELY IMPT for #bitcoin/virtual currencies
