Sec. 405. Qualified digital commodity custodians
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/bill/118/hr/4763/rh/section-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), as amended by the preceding provisions of this Act, is amended by inserting after section 5i the following: For purposes of this Act, a qualified digital commodity custodian is a digital commodity custodian who meets the following conditions: The digital commodity custodian is subject to adequate supervision and appropriate regulation. The digital commodity custodian is— subject to the supervision of— an appropriate Federal banking agency; a State bank supervisor (within the meaning of section 3 of the Federal Deposit Insurance Act); the Commission or the Securities and Exchange Commission; or an appropriate foreign governmental authority in the home country of the digital commodity custodian; and not prohibited by the applicable supervisor referred to in subparagraph
(A)from engaging in any activity with respect to the holding of digital commodities. The digital commodity custodian agrees to such periodic sharing of information regarding customer accounts the digital commodity custodian holds on behalf of an entity registered with the Commission, as the Commission determines by rule shall be reasonably necessary to effectuate any of the provisions, or to accomplish any of the purposes, of this Act. Any person that is subject to regulation and examination by an appropriate Federal banking agency may satisfy any information request described in subparagraph (A), by providing the Commission with a detailed listing, in writing, of the digital commodities of a customer within the custody or use of the person. In subsection (a), the terms adequate supervision and appropriate regulation mean such minimum standards for supervision and regulation as are reasonably necessary to protect the digital commodities of customers of an entity registered with the Commission, including minimum standards relating to— accessibility of customer assets; financial resources; risk management requirements; governance arrangements; fitness standards for officers and directors; recordkeeping; information-sharing; and conflicts of interest. For purposes of subsection (a), a digital commodity custodian is deemed to be subject to adequate supervision and appropriate regulation, if the digital commodity custodian is— subject to the supervision of the Commission; or a bank subject to the supervision of an appropriate Federal banking agency or a State bank supervisor (within the meaning of section 3 of the Federal Deposit Insurance Act). For purposes of subsection (a), the Commission may, by rule, further define the terms adequate supervision and appropriate regulation as necessary in the public interest, as appropriate for the protection of customers, and consistent with the purposes of this Act. The Commission may, by rule or order, temporarily suspend, in whole or in part, any requirement imposed under, or any standard referred to in, this section if the Commission determines that the suspension would be consistent with the public interest and the purposes of this Act. .
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Sec. 405
Qualified digital commodity custodians
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