Coinbase receives conditional approval for OCC trust charter

Brian Armstrong, CEO of Coinbase, at Davos
Brian Armstrong, co-founder and CEO of Coinbase, at Davos
Chris Ratcliffe/Bloomberg

Coinbase is now the latest cryptocurrency exchange to receive conditional approval for a national trust bank charter from the Office of the Comptroller of the Currency.

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Coinbase, the largest digital currency exchange in the U.S., announced the conditional approval in a blog post on Thursday.

"This approval is a result of years of investment in compliance, regulatory engagement and a firm belief that the right path for crypto is through the system," Greg Tusar, head of institutional finance for Coinbase, said in a statement.

Crypto trust charters have been a contentious topic in the banking regulation space, as Comptroller Jonathan Gould has defended the statutory scope of the approvals and bank trade groups have pushed back against what they perceive as a threat to the stability of the financial industry. Letters of opposition from multiple bank trade groups regarding Coinbase's charter application were filed with the agency last fall.

Coinbase initially filed its national trust charter application to the OCC on October 3, joining the ranks of other crypto-related firms including Circle, Ripple and Paxos. Other crypto firms that have received approval in recent months include Stripe-owned Bridge and Crypto.com.

"Collectively, these conditional approvals reflect the OCC's leading role in defining how crypto activities will operate within the traditional bank regulatory system," Klaros Group partner Michele Alt told American Banker. "Those definitions include the conditions placed on these national trust bank approvals. The thing to watch now is whether and how Coinbase and the other recently approved national trust banks satisfy those conditions in order to open for business."

Paul Grewal, Coinbase's chief legal officer, celebrated the approval in a post on X.

Nick Puckrin, co-founder of Coin Bureau, told American Banker that Coinbase getting conditional approval for a national trust charter is "yet another sign" that the crypto system and the traditional financial system are converging. 

"For Coinbase, this opens the doors to institutional money, which is where most of the interest in digital assets is coming from in the current market," he said.

Other crypto firms are also continuing to join the lineup for trust charters. EDX Markets announced on Thursday that it has filed an application with the OCC to establish a trust bank subsidiary, and Zerohash applied for a crypto trust charter last month.

"Crypto custody is the golden goose," Puckrin said. "It promises to bring in those institutional flows, so it makes sense that the list of firms applying for national banking charters is growing, with EDX Markets now joining the waiting list."

Even with the trust charter approval, Coinbase is not actively seeking to become a traditional bank.

"Coinbase is not becoming a commercial bank," Tusar said in the blog post. "We will not be taking retail deposits. We will not be engaging in fractional reserve banking."

Chris Sidler, a partner at FS Vector, told American Banker that the approval is a key step towards Coinbase's digital asset custody aspirations.

"Coinbase will be looking closely at what conditions it will have to satisfy in the months ahead, prior to getting full approval to operate," he said. "This could involve enhancements to risk and compliance, oversight and any other areas that the OCC deems necessary for a safe and sound bank."

Tusar also said that Coinbase's BitLicense and state trust charters issued under the New York Department of Financial Services (NYDFS) are still active. 

"Since 2015, the NYDFS BitLicense framework has been a cornerstone of how Coinbase built operational maturity and institutional trust," he said. "Coinbase will continue to operate under NYDFS oversight."

Gould said in a fireside chat at the Digital Asset Summit last week that crypto rules from the agency are seeking to "level the playing field" in the U.S. financial services system.

"The U.S. financial services system, of which banks are a part, and the U.S. economy has been well served by having a both dynamic and diverse banking system," he said. "We've had almost no new bank formation in this country over the last 18 years. I'm very focused on undoing those trends.

"We will evaluate applicants on a case by case basis, based on the statutory factors that were given and the written procedure that we ourselves say we apply to the process," he continued.


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