The problem with Bitcoin ETFs

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Until they say otherwise, the Department of Labor (DOL) doesn’t want to see crypto in 401(k) plans. I think the door for Bitcoin in 401(k) plans opens a little bit because the ETFs will probably smooth over the volatility of Bitcoin and issues regarding cyber theft (since Bitcoin directly, gets stashed in a virtual wallet).

The problem is until the DOL changes its mind, what do you do with participants who have self-directed brokerage accounts and want access to ETFs? Do you restrict access? I would, but the problem is most plan sponsors don’t want to say no, especially when these brokerage accounts are usually used by the plan sponsor’s higher-ups.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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