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Home»DeFi»SEC Crypto Working Group Stresses Self-Custody Rights, DeFi “Reseller” Rules in New Filings
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SEC Crypto Working Group Stresses Self-Custody Rights, DeFi “Reseller” Rules in New Filings

January 25, 2026No Comments
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The U.S. Securities and Exchange Commission’s Crypto Task Force is facing renewed pressure from industry groups and individual contributors as questions surrounding custodial rights and the scope of broker-dealer regulation in decentralized finance return to center stage.

On Tuesday, the working group’s public “Written Input” page added two new submissions that reflect a broader tension shaping U.S. crypto policy: how to protect investors without collapsing the fundamental features of on-chain markets, particularly self-custody and non-custodial trading.

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One submission, filed by an individual identified as DK Willard, focuses on the experience of retail crypto users in Louisiana and directly connects state-level protections to the federal debate currently taking place in Washington.

Willard points to Louisiana legislation such as House Bill 488, which explicitly affirms residents’ rights to self-custody their digital assets, arguing that these protections should not be diluted by federal proposals on market structure.

The filing shows that Congress is considering frameworks that include registration, transparency and anti-fraud standards, but some exemptions risk allowing developers or platforms to circumvent key investor protections.

According to Willard, weakening self-preservation protections could expose consumers to fraud and financial crime rather than supporting responsible innovation.

At the same time, a more technical submission from the Blockchain Association’s Trading Firms Working Group focuses on how proprietary trading firms should be treated when providing liquidity on tokenized equity markets that operate on DeFi infrastructure.

Source: SEC

The group argues that long-standing distinctions in securities law between brokers and dealers should continue to apply on-chain.

According to the filing, trading on its own account, without customer solicitation, custody, or agency execution, should not trigger a broker-dealer’s registration under the Exchange Act, even when such trading occurs via smart contracts and decentralized sites.

The association views this question as key to whether tokenized equity markets can operate at all during any SEC-approved innovation exemption or sandbox.

Without legal certainty, proprietary trading firms can avoid on-chain markets altogether, leaving tokenized stocks without reliable liquidity, price discovery, or arbitrage.

The group emphasizes that existing broker-dealer rules, including those governing clearing, custody, reporting and capital, were designed for intermediated markets and that it will take time to adapt to atomic settlement and smart contract execution.

They say allowing proprietary companies to participate immediately would give regulators the opportunity to modernize these frameworks without freezing market activity in the meantime.

These submissions are part of a broader shift at the SEC that began after the agency was restructured in early 2025.

Under the leadership of Commissioner Hester Peirce, the Crypto Task Force has moved away from what industry players have long criticized as regulation by enforcement and toward developing formal rules and guidance.

Over the past year, this approach has included dismissing the SEC’s lawsuit against Coinbase, suspending enforcement actions against Binance, and closing investigations into other major platforms.

The agency also rescinded restrictive custody guidelines and clarified that certain crypto activities do not constitute securities transactions.

The latest filings also reflect an increasingly complex legislative context.

Negotiations on the CLARITY Act, which aims to establish a comprehensive federal market structure for digital assets, remain on hold.

A planned increase in the Senate Banking Committee was postponed following industry opposition, while the Senate Agriculture Committee is still expected to consider the bill later this month.

Other recent submissions to the Crypto Task Force highlight how contested the custody issue remains.

Industry groups including SIFMA have cautioned against granting broad exemptions to wallet providers that perform broker-dealer functions, while policy groups linked to the Solana ecosystem are calling for clearer distinctions between non-custodial software and regulated intermediaries.

Read original story SEC Crypto Working Group Stresses Personal Custody Rights, DeFi ‘Dealer’ Rules in New Filings by Hassan Shittu at Cryptonews.com



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