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The framework below draws on U.S. regulatory guidance and a specific SEC-filed trust prospectus. Rules and insolvency outcomes vary by jurisdiction and agreement, so confirm the entity and account terms that apply to you.
What a charter does—and does not—tell you
A charter or license establishes a legal and supervisory context for a particular entity and authorized activity. It is not a certificate that every customer account has adequate reserves, that customer property is legally segregated, or that insurance will reimburse customers.
Start with the entity named in your agreement and determine whether that same entity holds the assets or whether an affiliate or sub-custodian does. Record its jurisdiction, regulator, charter or license, and authorized service. Check those details against the regulator’s current records before making a decision.
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In guidance updated September 30, 2025, the New York Department of Financial Services (NYDFS) addressed New York BitLicensees and limited-purpose trust companies that custody virtual currency. It describes expectations for protecting customer assets, maintaining books and records, and disclosing material service terms. The OCC’s July 14, 2025 bulletin, aimed at community banks, summarized interagency guidance that banks providing crypto-asset safekeeping must do so safely and soundly and comply with applicable law; it said the statement created no new supervisory expectations. Neither source makes every crypto arrangement a bank deposit or guarantees recovery. NYDFS custody guidance · OCC bulletin
Map where assets are held and how your share is recorded
Ask for a plain-language map from your account to the wallet keys and the legal entities involved. Find out whether the custodian uses an individual wallet for each customer or an omnibus wallet shared among customers, and whether any wallet also contains the custodian’s corporate assets.
An omnibus address is not automatically the same as mixing customer assets with company property. The key questions are whether customer assets are kept apart from corporate assets and whether the books reliably identify each customer’s beneficial interest. NYDFS expects covered entities to account for customer virtual currency separately from corporate assets both on-chain and in internal records. It permits separate wallets or customer-only omnibus wallets, with a clear, current audit trail for each customer and reconciliation between internal records and on-chain activity.
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A 2026 SEC-filed trust prospectus illustrates why “segregated” needs a precise definition: it described Fidelity crypto custody using an omnibus wallet alongside assets of other Fidelity customers, while recording the trust’s ownership separately on Fidelity’s books and records. That example does not establish how other accounts or custodians are structured. Ask whether a provider means separate on-chain addresses, separate customer-level book entries, or both. NYDFS custody guidance · SEC-filed trust prospectus
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“Proof of reserves” or a reserve attestation is useful only to the extent you understand what it establishes. Request the report and identify the legal entity, assets, addresses, liabilities, customer balances, measurement date, and independent assurance provider it covers. Ask whether it addresses customer-level attribution and claims, or only assets visible at a particular point in time.
- Can you independently verify the relevant on-chain holdings?
- How are customer balances matched to those holdings, and how often are books reconciled?
- Does the evidence cover liabilities and encumbrances, or just assets?
- Who checked it, what procedures were performed, and how are exceptions reported and corrected?
- What date does the evidence represent, and how frequently is it refreshed?
The cited official materials do not establish a universal proof-of-reserves standard or a reserve ratio sufficient for every custodian. A wallet balance alone does not establish that all customer claims are backed, correctly attributed, unencumbered, or legally recoverable. Describe a report by what it covers and leaves open rather than treating “reserves” as a complete safety verdict. NYDFS custody guidance · SEC-filed trust prospectus
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Read the agreement for ownership, permitted use, and recourse
Look for clauses defining the relationship, beneficial ownership, authorized instructions, and the custodian’s ability to use or transfer assets. Also locate terms on liens, set-off, fees, liability limits, governing law, dispute forum, insolvency, termination, and withdrawal. Ask what happens if a sub-custodian fails and whether the contract gives the custodian a right to pledge customer assets.
For entities within its scope, NYDFS expects the written agreement to establish a custodial relationship rather than a debtor-creditor relationship, treat customer assets as belonging solely to customers rather than as property for the custodian’s own obligations, and clearly disclose segregation, permitted use, and any sub-custody arrangements and material risks. These are expectations for the stated New York regulatory context, not a universal rule for every jurisdiction or contract. NYDFS custody guidance
Trace sub-custody, insurance, and operational exposure
If another firm holds assets or controls keys, identify that firm, its jurisdiction and supervisory regime, the assets it holds, and who maintains customer records. Follow the contractual chain: who can issue instructions, who is responsible for safeguarding and reconciliation, and where a customer would direct a claim. NYDFS guidance expects covered custodians to conduct due diligence and obtain approval before establishing a new sub-custody arrangement; it also expects agreements to address titling, segregation, and limits on using customer assets as collateral.
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For any insurance claim, ask to see the policy or a clear summary of its terms. Identify the policyholder and insured parties, covered events, exclusions, limits, aggregate sharing, claims process, and whether you have direct rights as an insured or beneficiary. A custodian’s corporate insurance is not automatically insurance for its customers.
The 2026 SEC-filed prospectus cited above states that the crypto assets described there are not protected or insured by FDIC or SIPC. It also says the insurance Fidelity described was for Fidelity’s benefit and did not guarantee or insure the trust. This is a disclosure about that trust, not a universal determination of every policy or account. NYDFS custody guidance · SEC-filed trust prospectus
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Check statements and independent review where adviser rules apply
If an SEC-registered investment adviser has custody of your assets, the SEC’s investor bulletin describes safeguards under the investment-adviser custody rule, including qualified-custodian use subject to limited exceptions, written account notices, direct periodic statements, and annual surprise examinations in applicable cases. The bulletin suggests asking whose name is on the account and comparing statements sent directly by the custodian with the adviser’s records.
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These requirements are tied to the adviser-custody context; they should not be assumed to govern every direct crypto custody relationship. SEC investor bulletin on the custody rule
Compare providers on the same evidence
When evaluating alternatives, use consistent criteria rather than comparing a charter label from one provider with a reserve headline from another. Record the answer and the supporting document for each item:
- Exact contracting and asset-holding entities, jurisdiction, regulator, charter or license, and authorized service.
- Separate-wallet or omnibus structure; whether wallets contain customer-only assets; customer-level accounting and reconciliation.
- Reserve or assurance evidence: scope, date, provider, liabilities addressed, limitations, and exception handling.
- Contract terms on beneficial ownership, permitted asset use, liens, set-off, instructions, liability, and recourse.
- Sub-custodians, jurisdictions, responsibilities, oversight, and disclosed risks.
- Insurance policyholder, covered losses, exclusions, limits, aggregate exposure, and customer claims rights.
- Withdrawal procedures and delays, supported networks and forks, termination, and recovery procedures.
The available official guidance and example filing support these comparison questions, not a ranking of named providers or a claim that one is safest. Regulatory status is one input; the actual account structure, records, contract, and failure protections determine what the customer’s position looks like.
Distinguish current rules from proposals
As of October 7, 2026, the SEC’s crypto custody rule page listed item S7-2026-35 as proposed, with comments due December 7, 2026. A proposal is not a final rule. Check the SEC page for status if the proposal or deadline is relevant to your decision. SEC crypto custody proposal
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