CTF Written Submission
Re: Non‑Custodial Wallet Software and Neutral User Interfaces
Feb. 10, 2026
- Determining whether non-custodial wallet providers qualify as brokers under the Exchange Act requires a functional, facts-and-circumstances assessment—not reliance on labels or interface appearance.
- The court held that non-custodial wallets with embedded interfaces do not constitute brokers absent meaningful participation in effecting transactions, reinforcing that commission-based payment alone is not dispositive.
- SEC and judicial precedents confirm that transaction-based compensation and routing services, standing alone, are insufficient to trigger broker status without discretionary control or core trading functions.
Last Reviewed or Updated: Feb. 10, 2026