Banking groups decry OCC crypto trust bank charters over risks, arbitrage

Major banking associations have sharply criticized the OCC's December 12 conditional approvals for national trust bank charters to crypto firms like Ripple, Fidelity, Paxos, BitGo, and Circle, citing regulatory arbitrage, absent FDIC insurance, and threats to systemic stability amid consumer confusion.

Following the Office of the Comptroller of the Currency's (OCC) conditional approvals on December 12, 2025, for five cryptocurrency companies to operate as national trust banks—Ripple, Fidelity Digital Assets, Paxos, BitGo, and Circle—leading banking coalitions have issued strong warnings.

These groups argue the charters enable regulatory arbitrage by allowing crypto firms to sidestep stricter state or traditional banking rules while gaining bank-like status for custody and asset management, without deposit-taking or lending powers. Critically absent is FDIC deposit insurance, a cornerstone of consumer trust in conventional banks, potentially misleading the public and creating an uneven competitive field.

Drawing parallels to the 2008 financial crisis, the associations caution that such gaps could concentrate risks, foster interconnected failures, and amplify vulnerabilities during market downturns. They urge either full alignment with traditional bank standards or separate categorization without 'bank' terminology to avoid confusion.

The OCC positions the charters as a bridge for crypto innovation into federal frameworks, with firms required to secure capital and infrastructure within 18 months for full activation. This clash underscores tensions in integrating digital assets into U.S. finance, pitting innovation against safeguards.

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Illustration depicting Crypto.com securing conditional OCC approval for a national trust bank charter amid crypto industry surge.
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Crypto.com receives conditional OCC approval for national trust bank amid crypto charter surge

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Singapore-based Crypto.com has secured conditional approval from the US Office of the Comptroller of the Currency (OCC) for a national trust bank charter, announced on February 25, 2026. The firm, which applied in October 2025, joins a wave of cryptocurrency companies pursuing federal oversight for digital asset services like custody and staking.

Following the OCC's December 2025 conditional approvals for national trust bank charters to crypto firms like Ripple and Circle—which drew sharp criticism—some of the largest US banks are now weighing legal action against the regulator for further easing rules on crypto and fintech charters. The Bank Policy Institute argues the changes could endanger consumers and the financial system amid the Trump administration's push to integrate cryptocurrencies into mainstream finance.

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Following December 2025 charter approvals for crypto firms, the OCC has closed comments on proposed rules clarifying national trust bank activities, while the CFTC issued guidance allowing stablecoins as margin collateral. Banking groups continue criticizing the charters as regulatory arbitrage and 'Franken-charters,' urging safeguards.

A proposed crypto market structure bill includes provisions that could significantly broaden the activities banks are legally allowed to pursue with digital assets, according to experts. While lobbyists debate restrictions on crypto rewards resembling yields, the permissibility section may have a larger impact on banking operations. This comes amid ongoing volatility in cryptocurrency markets.

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Following last week's stablecoin yield compromise by Senators Tillis and Alsobrooks, crypto stocks rallied and markup expectations grew for the Digital Asset Market Clarity Act. Circle shares surged 18% amid optimism for Senate Banking Committee action the week of May 11, despite banking pushback.

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