Karsten Wenzlaff, Advisor
August 26th, 2025
Crypto Policy | Aug 11, 2025

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On August 7, 2025, President Trump signed an executive order called, "Democratizing Access to Alternative Assets for 401(k) Investors", directing U.S. regulators to explore ways to allow cryptocurrencies and other alternative assets in defined contribution plans like 401(k)s.
While it doesn't immediately mean that Americans can directly hold crypto investments in their retirement accounts, it does instruct the Department of Labor (DOL), the Securities and Exchange Commission (SEC), and the Treasury to coordinate on new frameworks that could make it possible. If this happens, it will have significant implications for U.S investors but also for fintech innovators and regulators in Canada who are monitoring trends South of the border.
The order requires the DOL to review and update its fiduciary guidance for retirement plan sponsors, with a specific focus on clarifying what due diligence, risk disclosure, and participant education would be required if crypto were included as an option.
It also directs the SEC to consider revisions to certain securities rules, including elements of the accredited investor framework, that could impact the packaging of crypto investment products for retirement plans.
Treasury and related agencies have been tasked with aligning tax, reporting, and compliance rules to avoid conflicting obligations. According to the official fact sheet, the review process is expected to produce proposed rule changes by early 2026.
Advocates explain that opening retirement plans to digital assets could help diversification and align with investor demand, especially among younger savers who already hold crypto in personal accounts.
This change could also create a massive new liquidity channel for the crypto sector while bringing it further into regulated financial infrastructure, as reported by Forbes.
For fintech and crypto innovators, Trump's executive order could blow up the addressable market for crypto retirement products, custody solutions, and participant education tools.
With opportunity comes risks of course. The DOL has previously raised concerns about crypto’s volatility, liquidity constraints, and valuation complexities in retirement plans.
Business Insider reported that plan sponsors could face elevated litigation risks if participant loses are tied to crypto holdings, especially without clear safe harbour protections. Implementation also requires custodians and record keepers to adapt their current systems for daily valuations, liquidity management, and tax reporting.
The U.S. executive order isn't about adding more ETFs to retirement accounts. It opens the door for 401(k) participants to gain exposure to actively managed investment vehicles investing in digital assets and other private market investments, directly within a tax-advantaged plan registered with the government. This could mean direct holdings of Bitcoin or Ethereum, or participation in private crypto funds not listed on public exchanges, if fiduciaries deem them prudent and compliant with ERISA standards.
In Canada, the gap is very real today. Registered plans like RRSPs, RRIFs, TFSAs, and employer pension plans cannot directly hold cryptocurrency. The Canada Revenue Agency’s qualified investment rules prohibit digital assets themselves from being held in registered accounts, whether or not the plan is self-directed. Investors can only gain crypto exposure through qualified investments such as Bitcoin or Ether ETFs listed on a designated stock exchange, or shares of publicly traded crypto companies. Private crypto funds, unlisted trusts, or direct wallet holdings are currently prohibited in all registered accounts.
If the U.S. implements this framework, Canadian retirement plans would be at a competitive disadvantage in offering digital asset investment innovation. For Canadian fintechs, such U.S. policy could create new product development opportunities south of the border, while providing an unprecedented case study for domestic regulators on how to balance investor protection with access to alternative assets.
This latest crypto policy development is another wake-up call and market opportunity for Canadian fintechs and regulators. The next 12 to 18 months will determine whether or not U.S. agencies can produce rules that satisfy both innovation advocates and investor protection, fiduciary watchdogs. If they succeed, Canada’s own retirement savings design could be the next frontier for digital asset integration, and if so, they need to be ready to respond.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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