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ARTICLE · 17 NOVEMBER 2025

Ropes & Gray's Investment Management Update September – October 2025

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On September 30, 2025, the SEC Division of Investment Management (the "Division") issued a no-action letter permitting certain state trust companies (a "State Trust Company")...

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The following summarizes recent legal developments of note affecting the investment management industry:

SEC Permits State Trust Companies to Custody Registered Funds' and Adviser Clients' Crypto Assets

On September 30, 2025, the SEC Division of Investment Management (the "Division") issued a no-action letter permitting certain state trust companies (a "State Trust Company") – each a legal entity organized under state law that is (i) supervised and examined by a state authority having supervision over banks and (ii) permitted to exercise fiduciary powers under applicable state law – to serve as custodian for registered funds and advisers with respect to crypto assets.

Background. Sections 17(f) and 26(a) of the 1940 Act and rules thereunder require registered funds to maintain their securities and similar investments with specified custodians, including most banks as defined in Section 2(a)(5) of the 1940 Act. Similarly, Rule 206(4)-2 under the Advisers Act

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