New PROOF Act Aims to Strengthen Crypto Custodial Standards

On April 11, 2025, U.S. Senators Thom Tillis and John Hickenlooper renewed discussions around the Proving Reserves of Others Funds Act, commonly known as the PROOF Act. This bipartisan initiative seeks to enhance transparency within the crypto space by preventing the co-mingling of customer assets with company funds, a move designed to bolster trust in the fast-evolving cryptocurrency landscape.

This legislation, initially introduced in 2023, mandates that digital asset institutions conduct monthly third-party proof-of-reserves audits. These audits are crucial in verifying whether these firms maintain sufficient assets to meet their customer liabilities. The findings from these audits are to be submitted to the U.S. Treasury Department and made available to the public. Failure to comply with these regulations could result in escalating civil penalties for recommended firms.

The reintroduction of the PROOF Act is a direct response to the collapse of the cryptocurrency exchange FTX, which involved the misuse of customer funds and a significant lack of adequate reserves. Senators Tillis and Hickenlooper emphasize that this act aims to standardize the solvency reporting practices within the industry, transitioning from a voluntary practice to a mandatory regulatory requirement.

In Senator Tillis’s words, the PROOF Act aims to “build trust” in digital markets by implementing a dual approach that combines a ban on co-mingling funds with the transparency of proof-of-reserves audits. Furthermore, Hickenlooper describes the measure as a “commonsense” solution, asserting that it would hold cryptocurrency firms accountable to the same standards governing traditional financial institutions. This proactive effort reflects the ongoing attempts in Washington to establish a comprehensive regulatory framework for digital assets.

The implications of the PROOF Act are profound for investors and consumers within the cryptocurrency market. With mandatory audits, customers can feel more secure knowing that their funds are handled with greater care and regulatory oversight. This proposed act stands to enhance the credibility of crypto custodians and may serve as a catalyst for increased institutional adoption of digital assets.

As lawmakers strive to navigate the regulatory waters of the ever-evolving digital asset landscape, the PROOF Act could mark a crucial turning point in establishing trust among consumers and the broader financial community. Whether this legislation will effectively reshape the operational practices of crypto custodians remains to be seen, but it certainly sets the stage for more stringent oversight in the future.

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