On Dec. 9, the Workplace of the Comptroller of the Forex put out a press launch with a really direct message for US banks: you’re allowed to sit down in the midst of crypto trades.
Within the memorably titled Information Launch 2025-121, the OCC revealed the in some way even worse-titled Interpretive Letter 1188 and confirmed that nationwide banks could run “riskless principal” crypto-asset transactions as a part of the enterprise of banking, performing as the client to at least one buyer and vendor to a different, whereas preserving no significant stock of tokens themselves.
A day earlier, Comptroller Jonathan Gould stood earlier than a room of trade members and made a distinct, however carefully associated, level.
He stated he noticed no cause to deal with digital belongings as a separate species in terms of custody and safekeeping, and he brushed apart a lobbying push from the Financial institution Coverage Institute, which has urged his company to dam a wave of crypto corporations from acquiring nationwide belief charters.
BPI’s marketing campaign, specified by an October assertion titled “BPI Urges OCC to Protect the Integrity of Nationwide Belief Charters,” argues that candidates like massive exchanges, stablecoin issuers, and fintech platforms need to use belief charters as a again door into bank-like actions with out carrying the complete load of deposit insurance coverage and holding-company supervision.
Taken collectively, the interpretive letter and Gould’s remarks define a transparent path for the trade’s future. The OCC just isn’t attempting to wall crypto off from the banking system, however attempting to work out which items of that exercise match inside acquainted classes like brokerage, custody, and fiduciary enterprise, and below what situations.
US banks now have specific consolation that they will match crypto trades for shoppers on a riskless principal foundation, and crypto corporations can see that the door to a nationwide belief constitution is not closed simply because their belongings transfer on blockchains relatively than by means of legacy securities depositories.
Who really runs this a part of the banking system
For anybody exterior the US, the alphabet soup of financial institution regulators can really feel like an elaborate puzzle, so it’s value beginning with the fundamentals.
The Workplace of the Comptroller of the Forex (OCC) is an impartial bureau throughout the US Treasury that charters, regulates, and supervises nationwide banks and federal financial savings associations, in addition to the federal branches and businesses of international banks.
It earns its dwelling from assessments and costs on the banks it oversees relatively than from annual congressional budgets, which provides it a level of insulation from short-term political fights over funding. Its mandate runs by means of security, truthful entry to monetary companies, and compliance with banking regulation.
The Comptroller of the Forex sits on the prime of this construction. Gould, sworn on this summer season, serves each because the OCC’s chief government and as a member of our bodies such because the Federal Deposit Insurance coverage Company board and the Monetary Stability Oversight Council, which implies his views attain into broader debates about monetary stability and market plumbing.
His core energy, although, could be very particular: he leads the company that grants nationwide financial institution charters.
A financial institution constitution on this context is actually a enterprise license that allows an establishment to function as a financial institution or a carefully associated entity below federal regulation. On the federal degree, the OCC manages these licenses; on the state degree, separate regulators subject their very own variations.
The OCC’s Licensing Handbook on charters particulars the method totally, from preliminary software to remaining approval. Organizers should show that their proposed financial institution has adequate capital, a reputable administration group, a marketing strategy able to withstanding stress, and threat controls masking every little thing from primary credit score threat to operational and cyber dangers.
New digital-only banks are anticipated to satisfy the identical requirements, with added scrutiny on know-how and third-party suppliers.
Inside that world, a nationwide belief financial institution occupies a slender however essential area of interest. Federal regulation permits the OCC to constitution a nationwide financial institution whose actions are restricted to these of a belief firm and associated companies, sometimes centered on performing as trustee, executor, funding supervisor, or custodian of belongings.
These entities often do not take deposits within the bizarre retail sense and infrequently don’t carry FDIC insurance coverage. Due to that construction, many nationwide belief banks don’t meet the definition of a “financial institution” below the Financial institution Holding Firm Act, which implies their father or mother corporations can keep away from the complete weight of consolidated holding-company supervision.
That authorized design explains why belief charters have turn into the main focus of a tug-of-war. For crypto corporations that need to maintain prospects’ tokens, handle stablecoin reserves, or sit on the middle of settlement flows with out turning into full industrial banks, a nationwide belief constitution affords three issues without delay: a federal supervisor, nationwide attain, and a path that will keep exterior holding-company guidelines.
For conventional banks and their commerce teams, that appears like an uneven enjoying area, particularly if new entrants can deal with massive volumes of funds and reserves with a narrower licence.
BPI’s letters to the OCC spell out precisely this fear, warning that belief charters have been traditionally supposed for establishments “predominantly engaged in belief and fiduciary actions.” On the similar time, some digital-asset candidates search to run broader cost and reserve companies.
Gould’s public line has been that know-how should not be the dividing line. He factors again to many years of digital custody and book-entry securities. He asks why holding cryptographic claims on a distributed ledger must be handled as alien to the banking enterprise.
That very same logic underlies Interpretive Letter 1188, which depends on earlier courtroom circumstances and OCC opinions to argue that riskless principal crypto-asset trades are each the useful equal of acknowledged brokerage exercise and a logical extension of current crypto custody companies.
What this implies for crypto custody and buying and selling
The brand new letter does one very speedy factor for US establishments: it tells nationwide banks that they could stand in the midst of buyer crypto trades, as long as they construction these trades as matched principal transactions and handle the dangers with the identical care they’d apply to securities.
The financial institution can purchase a digital asset from one buyer and instantly promote it to a different, reserving two offsetting positions that depart it with no web publicity past settlement and operational threat.
For tokens that depend as securities, this sits on well-worn floor below part 24 of the Nationwide Financial institution Act. For different crypto-assets, the letter walks by means of a four-factor take a look at and concludes that the exercise nonetheless suits throughout the “enterprise of banking.”
For giant banks which have saved crypto at arm’s size, that represents a sensible opening. It means they will construct customer-facing crypto brokerage and routing companies that maintain steadiness sheet threat to a minimal, relatively than dabbling by means of loosely related associates or leaving the sphere completely to exchanges.
It additionally sits atop earlier OCC letters that already described how banks could maintain stablecoin reserves and supply primary custody companies for crypto.
On the constitution aspect, Gould’s refusal to provide BPI the blanket reply it needed could matter much more for the market’s form over the subsequent few years. The OCC’s constitution guide reminds candidates that any limited-purpose belief financial institution should nonetheless fulfill the identical core requirements of capital, administration, threat management, and neighborhood wants as a full nationwide financial institution.
If the company begins approving digital-asset corporations that meet these assessments, the core of US crypto custody and settlement may migrate into nationwide belief banks that put on OCC supervision on their masthead.
For exchanges, that will create a route to supply institutional shoppers a vertically built-in stack: buying and selling, fiat settlement, and on-chain custody, all wrapped inside a federally supervised entity.
For stablecoin issuers, a nationwide belief financial institution may maintain reserves in an OCC-regulated steadiness sheet and run cost flows by means of Fed-connected correspondent networks, even when the issuer itself stays exterior the whole financial institution framework.
For prime brokers and asset managers, the phrase “OCC-supervised nationwide belief financial institution” on a due diligence guidelines seems to be very completely different from “state-chartered belief firm” or “non-US custodian,” particularly when US securities guidelines push them towards “certified custodians” for digital belongings in the identical manner they do for shares and bonds.
The flip aspect is that belief charters won’t be a simple win
BPI and different commenters have been busy feeding detailed objections into the OCC’s docket for particular candidates, arguing that some crypto platforms have skinny consumer-protection information, conflicts of their enterprise fashions, or opaque possession buildings that do not sit effectively with bank-level oversight.
The OCC has broad discretion below its constitution guidelines to weigh administration high quality, monetary energy, and neighborhood advantages, and it could connect bespoke capital or liquidity situations to any belief financial institution approval. Which means the actual filter for crypto corporations will sit in examination groups and supervisory agreements, not simply in headline speeches.
Globally, the path set in Washington tends to echo outward. Giant banks that function throughout continents typically look to US guidelines when deciding the place and the right way to construct new traces of enterprise, and international regulators watch the OCC carefully as a result of its selections form the behaviour of a number of the world’s largest steadiness sheets.
If US nationwide banks begin providing riskless principal routing for Bitcoin and Ethereum below clear OCC steering, that may affect how world shoppers count on these companies to look in London, Frankfurt, or Singapore.
If a handful of crypto corporations safe nationwide belief charters and run massive custody and stablecoin operations below federal supervision, that may current a really completely different mannequin from the offshore exchange-and-local-payment-partner method that has outlined a lot of the previous decade.
The message for the crypto trade right here is not that the US banking system has thrown the doorways broad open, as a result of it hasn’t.
It is as an alternative that the important thing regulator for nationwide banks has begun to pin components of the crypto enterprise to concrete regulatory hooks: brokerage-like buying and selling as riskless principal, custody as a contemporary type of safekeeping, belief charters as a house for fiduciary and reserve exercise.
In a market the place regulatory uncertainty is the principle enterprise threat, that kind of gradual, line-by-line clarification could be simply as essential as any splashy new regulation.
Crypto corporations that need to plug into US institutional cash now have a clearer image of the homework they should do. Banks that need to transfer past white-label merchandise can see the place their very own supervisors are prepared to attract the traces.
How shortly either side stroll by means of that opening will determine whether or not OCC Letter 1188 and Gould’s speech mark the beginning of a brand new period of bank-run crypto plumbing or simply one other temporary entry within the lengthy historical past of regulators testing the place digital belongings match inside current guidelines.
