SEC Staff Statement on Custody of Crypto Asset Securities by Broker-Dealers
February 5, 2026
On December 17, 2025, the staff of the Division of Trading and Markets issued a non-binding Statement that articulates concrete circumstances under which broker-dealers may be deemed to have physical possession of crypto asset securities under Rule 15c3-3. While the Statement’s core message is continuity over change, we examine its guidance in-depth and offer practical recommendations for broker-dealers contemplating SEC-compliant custody solutions for crypto asset securities.
CahillNXT Alert - SEC Staff Statement on Custody of Crypto Asset Securities by Broker-Dealers