New York Regulator Tightens Crypto Custody Rules to Protect Client Assets

Updated 2025 guidelines ensure licensed cryptocurrency custodians maintain client ownership during bankruptcy, limit asset lending, and enforce stricter sub-custodian oversight.

Summary

The New York State Department of Financial Services has released updated guidelines for licensed virtual currency custodians. The rules ensure that clients retain ownership of their digital assets even during bankruptcy, set guardrails for sub-custodians, and limit the use of client assets without explicit consent. Custodians are also required to provide clear disclosures about asset holdings, third-party involvement, and potential impacts during stressed events.

Terms & Concepts
  • Cryptocurrency Custodian: A regulated entity that holds and safeguards digital assets on behalf of clients, ensuring their security and compliance with applicable laws.
  • Rehypothecation: The practice of a financial institution reusing client assets, such as collateral, for its own purposes, often in lending or investment activities.
  • Sub-custodian: A third-party custodian engaged by a primary custodian to hold assets, subject to due diligence and disclosure obligations.