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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Executives from five crypto firms (Circle, Ripple, BitGo, Fidelity Digital Assets, Paxos) celebrate conditional OCC trust bank approvals with officials in a modern boardroom, amid rising crypto charts and stablecoin symbols.
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OCC Conditionally Approves National Trust Bank Charters for Five Crypto Firms

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The Office of the Comptroller of the Currency (OCC) conditionally approved national trust bank charters for five digital asset firms—Circle, Ripple, BitGo, Fidelity Digital Assets, and Paxos—on December 12, 2025, bringing crypto custody and stablecoin activities under federal supervision. Comptroller Gould praised the move for fostering banking competition, amid stablecoin market growth to $313 billion, following the bipartisan GENIUS Act.

The Office of the Comptroller of the Currency has issued guidance permitting national banks to act as intermediaries in low-risk cryptocurrency trades. Interpretive Letter 1188 confirms that such riskless principal transactions fit within the business of banking. This move aligns with recent regulatory efforts to integrate digital assets into traditional finance.

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Building on the OCC's December 12 conditional approvals for crypto firms including Ripple, Fidelity, and others—which drew sharp criticism from banking groups—the charter enables Ripple to self-custody its $1.3 billion RLUSD stablecoin and offer services to others, signaling deeper crypto-banking integration despite regulatory concerns.

Citi analysts report growing momentum for the CLARITY Act, a key U.S. crypto market structure bill, but highlight risks of delays beyond 2026 due to disputes over decentralized finance definitions and stablecoin rewards. The Senate Agriculture Committee has advanced its version, while the Banking Committee grapples with contentious issues. A White House meeting on February 2 aims to address stablecoin concerns.

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US senators introduced a draft bill on January 13, 2026, aimed at creating a regulatory framework for cryptocurrencies, clarifying jurisdiction between the SEC and CFTC. The Clarity Act seeks to boost digital asset adoption but faces criticism over provisions favoring banks and insufficient investor protections. A markup session is scheduled for January 15 in the Senate Banking Committee.

Senate Judiciary Committee leaders Chuck Grassley and Dick Durbin have raised concerns about a provision in a cryptocurrency market structure bill led by Senate Banking Chair Tim Scott, arguing it encroaches on their committee's jurisdiction. The dispute centers on exemptions for crypto software developers, which they say could hinder law enforcement efforts against money laundering. The bill's markup has been postponed amid this opposition and industry pushback.

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The digital asset market is maturing, with liquidity concentrating in a small group of large-cap cryptocurrencies, making them more appealing to private banks and high-net-worth investors. A new report from market maker Wintermute highlights this shift toward a more stable and professional market segment. This development improves trading conditions and encourages selective inclusion in investment portfolios.

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