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1Repair Windows errors before they cause bigger problems2Fix the driver behind crashes, sound loss and screen glitches3Clear out junk files and repair common Windows errorsA crypto custodian’s charter is only one part of the trust question. To judge whether a provider offers meaningful protection, verify the exact entity holding assets, trace how customer balances are recorded, examine what reserve evidence actually proves, and read the contract for ownership and recovery rights. A trust-company label alone does not establish adequate reserves, segregated customer property, insurance, or guaranteed recovery.
Start with the legal entity that will hold your assets
Identify the exact entity that signs your agreement and the entity that controls or holds the assets. Record its jurisdiction, regulator, charter or license, and the activity it is authorized to perform. A brand may offer services through multiple affiliates, so do not assume the entity named in marketing materials is the one responsible for custody.
New York DFS’s September 30, 2025 guidance applies to New York-regulated 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. Check the relevant regulator’s current records and the provider’s account documents rather than relying on a label. Read the NYDFS custody guidance.
For banks, the OCC’s July 14, 2025 bulletin summarizes an interagency statement that banks providing crypto-asset safekeeping must do so safely and soundly and comply with applicable law. The agencies described existing risk-management principles and said the statement created no new supervisory expectations. That is not a blanket guarantee, nor does it mean every crypto arrangement is a bank deposit. Read the OCC bulletin.
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Trace the assets through wallets and internal records
Ask for a plain-language explanation of where assets are held and how your balance is attributed to you. Determine whether the provider uses separate wallets for each customer or an omnibus wallet, and whether any wallet also contains the company’s own assets. Then ask how on-chain balances map to customer-level entries in its books.
- Are the wallet addresses dedicated to customers, or do they include corporate assets?
- How does the ledger identify each customer’s beneficial interest in an omnibus wallet?
- How often are internal balances reconciled against on-chain activity, and how are discrepancies investigated and resolved?
- Which entities or sub-custodians stand between you and the assets or keys?
NYDFS guidance expects customer virtual currency to be accounted for separately from corporate assets both on-chain and in internal records. It allows either separate customer wallets or customer-only omnibus wallets, provided the custodian maintains a clear, current audit trail of each customer’s beneficial interest and can reconcile its records with on-chain activity. Omnibus custody is not by itself proof that client assets are mixed with company property; the accounting and legal arrangements matter. The NYDFS guidance explains these expectations.
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A 2026 SEC-filed prospectus illustrates why the word “segregated” needs clarification: it describes Fidelity crypto custody using an omnibus wallet shared with other Fidelity customers, while the trust’s ownership was recorded and segregated in Fidelity’s books and records. That is an example of one structure, not evidence that every custodian operates the same way. See the SEC-filed prospectus.
Assess what reserve evidence does—and does not—show
Ask the custodian to define “reserves” and identify the legal entity, assets, liabilities, customer balances, wallet addresses, measurement date, and assurance provider covered by any report or attestation. Find out whether the evidence is a point-in-time snapshot or includes other periods, and whether it addresses customer liabilities and rights as well as assets.
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A demonstration of assets at certain wallet addresses does not, by itself, establish that all customer claims are fully backed, correctly attributed, unencumbered, or legally recoverable. The official materials cited here do not establish a universal proof-of-reserves standard or a single reserve ratio that is sufficient for every crypto custodian. Evaluate the scope and limitations of the specific evidence, including how customer records are reconciled and exceptions handled. NYDFS’s guidance addresses segregation, audit trails, and reconciliation; the SEC-filed prospectus shows that account structures and ownership records can vary. NYDFS custody guidance; SEC-filed prospectus.
Read the contract for ownership, permitted use, and recourse
Look for provisions that define the relationship between you and the custodian, identify your beneficial ownership, and state what the custodian may do with your assets. Review the clauses on liens, set-off, fees, sub-custody, liability limits, governing law, dispute forum, insolvency, termination, and withdrawal. Ask what happens to access and claims if the custodian or a sub-custodian fails.
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For entities within its scope, NYDFS expects the agreement to establish a custodial relationship rather than a debtor-creditor relationship, treat customer assets as belonging solely to customers, and prevent their use for the custodian’s own obligations. It also expects clear disclosure of segregation, customer property interests, permitted asset use, and sub-custody arrangements and material risks. These are expectations in the specified New York regulatory context, not a universal rule for every custodian worldwide. See the NYDFS guidance.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Examine sub-custody and insurance separately
If another provider holds assets or controls keys, identify that entity, its jurisdiction and supervisory regime, what it holds, and who is responsible for records, instructions, and customer claims. Review the agreements along the custody chain, not just your direct provider’s terms. NYDFS says covered custodians should conduct due diligence and obtain approval before establishing a new sub-custody arrangement; its guidance expects agreements to address titling, segregation, and limits on using customer assets as collateral. Review the NYDFS sub-custody expectations.
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For insurance, request the policy details and establish who is insured, which events are covered, what exclusions and limits apply, whether limits are shared across customers, and who may make a claim. A policy held for a custodian’s benefit is not necessarily customer insurance. In the cited 2026 SEC-filed prospectus, the crypto assets described are not protected or insured by FDIC or SIPC, and the insurance described for Fidelity is for Fidelity’s benefit and does not guarantee or insure the trust. This is a disclosure about that trust, not a determination about every provider or policy. Read the prospectus’s insurance disclosure.
Check statements and independent review in the right regulatory context
If a SEC-registered investment adviser has custody of client assets, the SEC investor bulletin describes safeguards under the adviser custody-rule framework. These include use of qualified custodians subject to limited exceptions, written notices about the custodian and account, periodic statements sent directly by the custodian, and annual surprise examinations in applicable cases. The bulletin’s prompts are useful: “Whose name is on the account – yours, or your investment adviser’s?” and “Are you getting account statements from a qualified custodian at least quarterly?” Apply those questions within that adviser context; do not assume every requirement governs a direct crypto-custody relationship outside it. Read the SEC investor bulletin.
Compare providers using the same checklist
When comparing actual alternatives, use the same criteria for each provider. A charter or a single reserve report cannot substitute for a full review of the arrangement.
- Exact contracting and asset-holding entities, jurisdiction, regulator, charter or license, and authorized service.
- Wallet structure, customer-only status of wallets, customer-level accounting, and reconciliation process.
- Independent assurance: what it covers, its measurement date, and its limitations.
- Contract terms for beneficial ownership, asset use, liens, set-off, permitted instructions, and recourse.
- Sub-custodians, jurisdictions, responsibilities, and disclosed risks.
- Insurance policyholder, covered events, exclusions, limits, aggregate exposure, and customer claim rights.
- Withdrawal process, delays, supported networks and forks, termination terms, and recovery procedures.
The SEC listed crypto custody rule S7-2026-35 as proposed on its October 2026 page, with comments due December 7, 2026. Treat it as a proposal, not a final rule. Its status and deadline are time-sensitive; check the SEC proposal page for updates.
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