Regulation & Policy

White House Reviews SEC Plan to Update Crypto Broker Rules

An SEC proposal covering crypto broker capital, custody and records entered White House review on November 3. Specific rule changes are not yet public.

White House Reviews SEC Plan to Update Crypto Broker Rules
The SEC’s headquarters in Washington. Photo: Another Believer / Wikimedia Commons (CC BY-SA 4.0; cropped)

Key Notes

  • The SEC’s crypto broker-dealer proposal entered White House review on November 3 and remains pending.
  • The project covers financial responsibility, customer protection, recordkeeping and reporting, with detailed changes still private.
  • A proposed-rule review is an intermediate step before public consultation and any final requirements take effect.

The White House is reviewing a Securities and Exchange Commission proposal to change how broker-dealer financial safeguards, customer-asset protection and recordkeeping rules apply to crypto assets.

The Office of Information and Regulatory Affairs received the package on November 3, according to its review record. The submission, identified as RIN 3235-AN48, remains pending at the proposed-rule stage. The record lists no legal deadline.

The entry marks progress toward a new framework for intermediaries handling digital assets, while leaving the proposed requirements undisclosed. It does not identify specific capital reductions, custody exemptions or reporting relief that firms could begin using.

Capital, Custody and Records Are in Scope

The SEC’s regulatory agenda identifies Rules 15c3-1 and 15c3-3, other broker-dealer financial-responsibility provisions, and Rules 17a-3 and 17a-4 as the targets of the project.

These cover different parts of a brokerage business. The net-capital rule requires firms to maintain liquid financial resources appropriate to their activities. The customer-protection rule governs safeguards for customer funds and securities, including possession or control of covered customer securities.

The SEC’s broker-dealer guide explains those requirements as protections around a firm’s ability to meet obligations and safeguard client property. How they apply to crypto assets can affect the operational arrangements a registered broker uses to hold assets and service customers.

Recordkeeping is another part of the package. Rule 17a-3 covers the creation of records such as transaction logs, financial ledgers and customer-account information; Rule 17a-4 covers their preservation. The SEC distinguishes these functions in its recordkeeping framework.

Draft Details Remain Private

OIRA is part of the Office of Management and Budget within the Executive Office of the President. Its review coordinates scrutiny of significant draft regulations before publication.

The office’s published guidance says draft documents under review are deliberative and unavailable for public release during that process. That limits what can be concluded about the direction and scale of the SEC’s proposed changes.

The pending entry is therefore a procedural milestone. The eventual public proposal will show which obligations would be revised, which firms and assets would qualify, and what conditions would apply.

Agency Rulemaking Continues Alongside Congress

The submission comes as Washington pursues several routes to crypto oversight. Treasury Secretary Scott Bessent has backed agency cooperation following the CLARITY Act’s legislative setback.

Separately, CoinScreamer reported that House Democrats are discussing a new crypto bill that could expand the SEC’s role. Those legislative discussions and the broker-dealer rulemaking follow different processes.

Under the usual rulemaking sequence described by OIRA, an agency publishes a proposed rule, seeks public comments and considers that feedback before issuing a final rule with an effective date. For this package, the next substantive milestone is publication of the SEC’s text, which will allow brokers and customers to assess the actual changes.

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