
Prominent Bitcoin advocate Bruce Fenton has raised significant concerns regarding the custody practices of public companies holding Bitcoin, asserting that these entities often do not directly possess the cryptocurrency. Instead, Fenton highlights that their holdings typically constitute a claim on Bitcoin managed by external, trusted third-party custodians, thereby reintroducing layers of trust into a system designed to be trustless. This observation underscores potential vulnerabilities for both the companies and their equity holders.
Fenton articulated his concerns on social media, stating, > "And not only do you not have rights to the Bitcoin as an equity holder. The company itself doesn’t have Bitcoin. It only has a claim on the Bitcoin through yet another trusted 3rd party! These companies don’t hold Bitcoin - they hold a claim on Bitcoin." He further emphasized the dual trust required: in the public company's ability to manage Bitcoin effectively and in the solvency and operational integrity of the chosen custodian.
The reliance on third-party custodians for corporate Bitcoin treasuries introduces various risks, including counterparty risk, potential security breaches, and the solvency of the custodial service provider. Regulatory filings from companies with Bitcoin treasury strategies often list these as significant risk factors, noting that in cases of custodian bankruptcy, the company's Bitcoin could be treated as part of the custodian's estate, potentially hindering access or leading to losses. This complex arrangement contrasts sharply with the direct, self-custodied ownership often championed within the Bitcoin community.
Beyond custody, Fenton's critique extends to the operational burden on public companies. He noted that companies must not only trust their custodian but also "outperform Bitcoin by holding Bitcoin without losing it and earn more than enough to cover the costs of being public." This points to the inherent volatility of Bitcoin and the significant overhead associated with maintaining public company status, which can erode potential gains if not managed meticulously.
Bruce Fenton, known for his long-standing involvement in the Bitcoin ecosystem as a founder of the Satoshi Roundtable and former executive director of the Bitcoin Foundation, has consistently advocated for a deep understanding of Bitcoin's underlying principles. His insights frequently draw attention to the practical implications of institutional adoption on the decentralized and trust-minimizing ethos of Bitcoin. His recent remarks serve as a critical reminder for investors and companies navigating the evolving landscape of digital asset integration.