Under the new administration, the Securities and Exchange Commission has repealed its SAB 121 ruling which required custodians to recognise all digital assets as liabilities on their balance sheets, and imposed large capital costs. The repeal paves the way for regulated banks to hold clients’ digital assets in custody, which is critical for institutional investors in traditional finance to enter the new markets.
In 2024 Ripple Custody estimated that the amount of crypto assets in custody is expected to reach at least $16 trillion by 2030, and that 10% of the world’s GDP is expected to be tokenized by 2030. Therefore, companies will need secure, compliant and flexible options to store their crypto.
Danny Marques at EY said: “It legitimizes bitcoin’s role within TradFi and over time we will 100% see banks serve as conduits for BTC adoption offering custody services, facilitating Bitcoin-backed loans, and even integrating it into their treasury management strategies. It won’t happen overnight but this is how bitcoin becomes part of the fabric of the financial ecosystem, and bridging the gap between the old and the new.”
Its important to first understand how traditional custodial arrangements work
Assets held for customers are off-balance sheet type items. Why off-balance sheet? Well the custodian doesn't own the assets. You the customer do.
The custodian is there to merely act as an agent or…— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
SAB 121 was an accounting policy issued in 2022 by the SEC that made companies offering crypto custodial services treat Bitcoin held on behalf of customers as both assets & liabilities on their balance sheets
— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
So now a company like Coinbase $COIN would have to recognize
1) $1B in…
Quick example on how it distorts debt to equity (D/E) ratio
— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
In Pre-SAB 121, if $COIN has $10B in assets and $6B in liabilities, D/E = $6B / $4B = 1.5 (aka $1.5 of debt for every $1 of equity)
If $COIN holds $1B in $BTC, with SAB 121, liabilities increase to $7B, D/E = $7B / $4B…
That was an affront not just to companies that were impacted like Coinbase $COIN but to the entire crypto industry. Instead of embracing Bitcoin and digital assets as a legitimate financial system, it treated them like a toxic liability.
— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
The biggest barrier for banks to custody Bitcoin wasn’t technology it was regulatory uncertainty.
— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
SAB 121 created unnecessary fear and complexity, treating Bitcoin like a liability rather than what it truly is – the most pristine, secure, and incorruptible asset monetary…
Now, with SAB 121 out of the way, the legacy financial system and the Bitcoin ecosystem don't have to compete. The door is open for banks to treat Bitcoin the same way they’ve historically treated gold, stocks, or cash.
— Danny Marques | Investing Informant 📊📈 (@Invst_Informant) January 24, 2025
It legitimizes Bitcoin’s role within TradFi and over time…
Morgan Krupetsky, senior director of business development for institutions & capital markets at AvaLabs, which builds blockchain technology, said:
Game changer for the institutional crypto landscape. Banks can now hold crypto on their balance sheets without punitive penalties, which means they can now start offering (a wider range of) crypto products and services.
All the while, banks have been laying the groundwork and… https://t.co/s2fTL0HTwT— Morgan Krupetsky (@MorganKrupetsky) January 24, 2025
Preston Pysh, co-founder of The Investor’s Podcast Network (TIP), warned: “Investors, institutions, and retail consumers alike may rejoice at the newfound “legitimacy” that comes with big banks stepping into digital asset custody.However, the implications of this regulatory about-face come with enhanced responsibility that I suspect many aren’t prepared for.”
Make the rehypothecation of Bitcoin custody illegal.🚨
— Preston Pysh (@PrestonPysh) January 23, 2025
This is a VERY important consideration now that SAB121 has been rescinded.
Here's an article I wrote that goes into detail why.https://t.co/Sh2nBsjJ3d
I want this shared as aggressively as possible with US members of…
Rehypothecation is a common practice in traditional finance where a brokerage or bank that holds a customer’s collateral, then uses that same collateral to secure its own loans or financial dealings. However, there is no lender of last resort in crypto markets and a limited supply of bitcoin, which will lead to defaults in stressed markets.
“High-profile collapses such as FTX, BlockFi, and Genesis have taught us the same lesson over and over: under-collateralized, fractional-reserve practices wrapped in complicated financial engineering spells calamity for depositors and investors,” said Pysh. “Such a crisis could ripple through financial markets, and ultimately harm millions of people who have outsourced their trust to institutions who have “gambled” away their savings.”
Pysh warned that Congress must pass legislation that bans the rehypothecation of Bitcoin outright for all institutions, from small retail lenders to systemically important banks.
Better Markets, a non-profit founded in the wake of the 2008 financial crisis to promote the public interest in the financial markets, said: “The SEC should be taking action to protect investors from the fraud that pervades the crypto industry. Instead, in one of its first actions under the new administration, the SEC has made it more likely that investors will suffer from a failure to insulate the financial system from the risks crypto poses and the next crypto crash.”
.@SECGov's decision to rescind #SAB121 puts investors & the financial system at risk. By not requiring companies to reflect #crypto assets as liabilities, we lose vital protections against potential crypto crashes & contagion. https://t.co/Gt8cvPCOr5
— Better Markets (@BetterMarkets) January 24, 2025
Senator Cynthia Lummis, first chair of the new Subcommittee on Digital Assets, said: =
SAB 121 was disastrous for the banking industry, and only stunted American innovation and advancement of digital assets. I am THRILLED to see it repealed and get the SEC back on track to fulfilling its intended mission. https://t.co/KkWQmNDJ8I
— Senator Cynthia Lummis (@SenLummis) January 24, 2025
Executive order
President Trump’s new Executive Order also established a working group to create a federal framework for crypto and digital assets, and banned a central bank digital currency (CBDC).
CryptoUK, trade body representing the digital asset sector in the UK, said: “As the UK and Europe continue their investigations into a digital pound and digital euro, the U.S.’s anti-CBDC stance raises critical questions about the future of global digital finance. Will this divergence lead to fragmented regulatory ecosystems, or could it drive innovation in decentralized financial technologies while reshaping the trajectory of CBDC adoption worldwide?”
President Trump’s new Executive Order establishes the Presidential Working Group on Digital Asset Markets to create a federal framework for crypto and digital assets, while banning CBDC promotion—contrasting with the UK and Europe’s Digital Pound and Digital Euro efforts. It also… pic.twitter.com/19IYY7An8E
— CryptoUK (@CryptoUKAssoc) January 24, 2025
The Kobeissi Letter, a commentary on global capital markets, said:
Sergey Nazaro, co-founder ofChainlink, which provides technology to bring the world onchain, said: