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Start with the legal relationship and what happens if the custodian fails. Then verify that customer assets are segregated and accounted for, the contract restricts how they can be used, and key controls, sub-custodians, audits, and recovery plans are documented. A license or regulatory status alone does not establish that a particular asset is insured or protected in insolvency.
1. Find out what you own if the custodian fails
Identify the exact legal entity named in the agreement, the jurisdiction governing the account, and the legal character of the service. The agreement should make clear whether the firm holds assets for safekeeping while you retain a property interest, or whether your claim is instead a debtor-creditor claim. Those structures can have different consequences if the firm becomes insolvent.
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Do not infer protection from a provider’s regulator, bank relationship, or general statements about insurance. Ask which specific assets, accounts, entities, and loss events a policy or statutory protection covers, and request the applicable terms. Coverage for one asset or service does not establish coverage for another.
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Questions to resolve in the agreement
- Which legal entity is responsible for custody, and which regulator supervises that specific service?
- Does the contract describe custody or safekeeping, and what property interest do you retain?
- What law and insolvency process would govern the account?
- Are there liens, rights of set-off, or rights to use customer assets as collateral?
2. Verify segregation and customer-level accounting
Ask how customer assets are separated from the custodian’s own assets and from assets held for affiliates. Confirm both the wallet arrangement and the internal books: blockchain addresses alone may not show which customer owns a share of assets in a pooled wallet.
New York State Department of Financial Services (NYDFS) guidance expects entities within its scope—New York-licensed virtual currency entities and limited-purpose trust companies—to segregate customer assets from corporate assets both on-chain and in internal ledgers. An omnibus wallet can be used if it contains only customer assets and the firm’s records preserve each customer’s beneficial interest and transaction history. This is NYDFS guidance for entities it identifies, not a universal rule for every custodian.
Request an explanation of how balances are attributed, reconciled to on-chain activity, corrected when discrepancies occur, and retained in records. Ask how frequently reconciliations are performed and what evidence a customer can receive. A statement of account is useful, but it does not by itself demonstrate that the firm controls matching assets.
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3. Read the permitted-use and recourse terms
Look for clear language about what the custodian may do with assets. NYDFS guidance expects covered custodians to preserve customers’ equitable and beneficial interests, limit possession to safekeeping, and disclose the custody relationship, permitted use, and limitations. A contract that allows the firm to lend, pledge, rehypothecate, stake, transfer, or otherwise use assets may change the risk and the nature of the customer’s claim.
Do not rely on a marketing label such as “custody.” Read the operative clauses, including exceptions and incorporated terms, for rights to use assets, create liens, exercise set-off, or delay return. Ask for written clarification if the agreement’s description of custody conflicts with its rights over customer property.
4. Map every entity that touches the assets or keys
A custodian may rely on sub-custodians, technology providers, or other service providers. Draw the custody chain from your contracting entity to the organizations that hold assets, control keys, maintain records, or approve transfers. For each, establish its legal name, role, operating jurisdiction, and responsibility if something goes wrong.
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Ask whether the primary custodian’s obligations flow down to sub-custodians, how their controls are overseen, and what happens if one becomes insolvent, is replaced, or suffers an extended outage. Determine who can authorize a transfer and whether you can regain access without the cooperation of a failed intermediary. Federal banking-agency guidance identifies sub-custodian key controls, segregation, records, dual control, separation of duties, insolvency, and operational disruptions as relevant diligence areas for banking organizations.
5. Examine key security and operational continuity
Request a plain-language account of the key lifecycle, not just a description of the technology. Find out how keys are generated, stored, backed up, accessed, and recovered; how approvals are split among personnel or systems; and what happens after suspected compromise, loss, or staff unavailability.
Also ask how the firm monitors transfers, reconciles records, handles incidents, notifies customers, and restores service. Get specifics on withdrawal controls and limits, supported assets and networks, recovery responsibilities, and circumstances that may delay access. Federal banking-agency guidance treats cybersecurity and audit coverage as part of risk management for bank safekeeping.
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6. Ask what independent evidence supports the claims
Request the latest independent audit, examination, or controls report relevant to custody. Check the period covered, scope, exceptions, and whether it addresses the controls you care about: key management, approvals, transfers, customer records, reconciliation, sub-custody, and incident recovery. A report that covers general information security may not test asset ownership, customer-level accounting, or the custody chain.
Ask whether any findings remain open and how the firm verifies that corrective actions were completed. If evidence is restricted by confidentiality, request a summary that identifies the reviewer, testing period, systems and services covered, and material exclusions.
7. Compare providers using the same evidence request
Use identical questions and request comparable documents from each provider. A consistent comparison makes gaps visible; it does not turn a regulator’s guidance for one type of entity into a rule for every provider.
| Area | Evidence to compare | Warning signs to investigate |
|---|---|---|
| Legal structure | Contracting entity, relevant regulator and jurisdiction, agreement terms, and treatment of each asset | Unclear responsible entity, generic licensing claims, or no explanation of the customer’s property interest |
| Customer property | Segregation from corporate and affiliate assets; insolvency treatment; liens, set-off, or collateral rights | Broad rights to use assets or no clear account of what customers can claim after failure |
| Accounting | Wallet structure, customer-level ledger, reconciliation process, audit trail, reporting, and records retention | No meaningful customer attribution, unexplained pooling, or no reconciliation evidence |
| Keys and security | Key generation and control, access approvals, backup and recovery, incident response, and relevant independent evidence | Unclear control responsibilities, undocumented recovery, or assurance that does not cover custody controls |
| Sub-custody | Named entities, locations, roles, contractual responsibilities, oversight, and failure or substitution procedures | Undisclosed intermediaries or no explanation of access and claims if one fails |
| Continuity and scope | Supported assets and networks, withdrawal conditions, incident communications, recovery plans, and fees | Material access conditions or dependencies that are not disclosed clearly |
Record unanswered questions as gaps rather than treating them as assurances. For each material risk, decide whether the provider has supplied evidence, whether the contract allocates the risk acceptably, and whether you can tolerate the remaining uncertainty.
What U.S. regulatory statements do—and do not—establish
The OCC’s May 7, 2025 release says banks may engage in bank-permissible crypto-asset custody and execution services, including through sub-custodians, subject to applicable law and appropriate risk management. The OCC states: “As with any activity, a bank must conduct crypto-asset custody activities, including via a sub-custodian, in a safe and sound manner and in compliance with applicable law.”
A July 14, 2025 joint statement by the OCC, Federal Reserve Board, and FDIC discusses risk-management considerations for banking organizations. The agencies said the statement “does not create any new supervisory expectations.” Neither statement establishes that every provider, asset, or customer account has the same legal treatment or protection. The relevant service, entity, contract, asset, and jurisdiction still need to be assessed.
The SEC FAQ is staff guidance, NYDFS guidance applies within its stated scope, and banking-agency materials address banking organizations and applicable law. These U.S. sources do not settle the outcome in every jurisdiction or for every token and custody arrangement.
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