U.S. Regulator’s Stance on Crypto and Trust Charters: Navigating a New Financial Landscape

By: crypto insight|2025/12/09 17:30:13
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Key Takeaways:

  • Comptroller of the Currency, Jonathan Gould, emphasizes the need for innovation in banking, supporting crypto firms’ pursuit of bank charters.
  • The Office of the Comptroller of the Currency (OCC) has received 14 charter applications, largely from crypto firms, illustrating the industry’s push for integration into traditional banking.
  • The OCC, in collaboration with the Federal Deposit Insurance Corp. (FDIC), is working on regulatory changes to address reputation risks associated with crypto businesses.
  • Gould argues for the financial system’s evolution from outdated technologies to current digital innovations like blockchain.

WEEX Crypto News, 2025-12-09 09:28:59

Introduction

In the ever-evolving landscape of finance, the intersection between traditional banking and the burgeoning cryptocurrency industry has become a focal point of regulatory conversations. On December 8, 2025, Jonathan Gould, the Comptroller of the Currency, delivered a significant address at an industry event in Washington, D.C., voicing his agency’s commitment to fostering innovation in banking through support for cryptocurrency firms’ efforts to secure trust charters. As the chief of the Office of the Comptroller of the Currency (OCC), Gould’s remarks highlight the agency’s strategic shift towards a more inclusive and innovative approach that incorporates digital assets into the financial mainstream.

The Push for Innovation in Banking

Gould’s address was not just another regulatory update; it was a declaration of intent to drive the banking industry into the future. He pushed back against traditional banks’ attempts to stifle the entry of crypto firms into the banking space, arguing that such resistance could hinder innovation. This perspective underscores a broader shift within the OCC, one that recognizes digital assets as a critical component of the financial ecosystem.

In the past year alone, the OCC has seen 14 applications for bank charters, a significant number of which come from crypto-related firms. This surge is a testament to the industry’s demand for legitimacy and integration within the established banking framework. Gould made it clear that the OCC would not deter these applications based on the fears or complaints of traditional banks. He cautioned that stopping this momentum would risk stalling vital innovations that could propel the financial sector into the next era of technological advancement.

Evolution of Financial Systems

Gould’s vision for the future involves the evolution of the financial system from antiquated technologies to modern-day digital infrastructure, notably blockchain. He stressed, “There is simply no justification for considering digital assets differently.” His remarks aim to recalibrate the narrative around cryptocurrencies, highlighting their potential to disrupt and enhance traditional financial services rather than being perceived as a risk.

A historical perspective offers insight into this shift. For decades, the American banking system has been synonymous with stability and caution, often hesitant to embrace rapid technological changes. However, as global finance leans increasingly into digital technologies, Gould emphasized the need for banks to adapt or risk obsolescence. The comparison of telegraphs to blockchain is an apt analogy for this transition—emphasizing that the time for embracing digital infrastructure is not just necessary but overdue.

Regulatory Landscape and Challenges

Navigating the regulatory environment for crypto firms seeking bank charters involves addressing several challenges. The OCC, alongside the FDIC, is actively working on regulatory changes to mitigate “reputation risk” associated with crypto entities. This move marks a departure from previous administrations, particularly during the era of President Donald Trump, when resistance to crypto banking was prevalent.

Gould’s advocacy also sheds light on the ongoing review of debanking practices, a critical issue where banks sever relationships with crypto businesses perceiving them as liabilities. Such practices highlight the tension between innovative financial services and traditional banking institutions, a gap Gould seems intent on bridging.

He underscored the importance of fair and effective supervision of new banking entrants and activities, reinforcing the OCC’s role as a facilitator rather than an obstacle to progress. By granting charters, the OCC does not just endorse crypto’s inclusion in the financial domain but also ensures a structured approach to integrating these new assets into existing systems.

The Path Forward for Crypto and Banking

With firms like Anchorage Digital and Erebor receiving charters from the OCC, the agency demonstrates a commitment to creating a conducive environment for digital asset integration. Anchorage Digital was the pioneering firm to break through, holding its status as the only OCC-licensed crypto bank for several years. Erebor’s recent provisional charter under Gould’s leadership signifies a new chapter, paving the way for more crypto firms to gain formal recognition and operational capacity within the federal banking system.

This development is crucial as it signifies a paradigm shift—crypto firms are not just disruptive forces but are now partners in the financial ecosystem. As more firms seek bank charters, the potential for collaborative innovation between traditional banks and crypto entities grows. Such partnerships could lead to more secure, efficient, and seamless financial services, benefiting consumers and industries alike.

A Global Perspective: Canada’s Challenges and Innovations

While the United States is advancing in integrating crypto into its financial systems, challenges persist worldwide. Canada’s experience highlights the necessity for coordinated regulatory efforts. Recently, the Canadian Revenue Agency reported that 40% of crypto platform users were flagged for tax evasion risks. This revelation underscores the global challenge of regulating digital assets while balancing innovation and compliance.

The Canadian government’s proactive measures, including audits and the introduction of new legislation to combat financial crimes by 2026, demonstrate efforts to tighten regulations and ensure transparency in the crypto space. These efforts reflect a common global narrative: while crypto offers unprecedented innovation, it also requires robust frameworks to prevent misuse and protect consumers.

Conclusion: Embracing the Future of Finance

Jonathan Gould’s remarks mark a pivotal moment in the journey towards a more integrated financial future. By supporting crypto firms’ pursuit of trust charters, the OCC not only facilitates innovation but also sets a precedent for regulatory bodies worldwide. As financial systems transition from traditional to digital platforms, the role of comprehensive and forward-thinking regulatory frameworks becomes ever more critical.

The story of crypto’s acceptance into mainstream finance is still unfolding, with each regulatory decision contributing to the broader narrative. The changes orchestrated by the OCC under Gould’s leadership reflect a readiness to embrace the future of finance—a future where collaboration between traditional banks and crypto firms is not just possible but essential for progress. As these sectors converge, the potential to reimagine financial services on a global scale is not just a possibility, but an impending reality.

FAQ Section

What are trust charters, and why are they important for crypto firms?

Trust charters allow companies to operate as national banks, offering a range of financial services within federal oversight. For crypto firms, obtaining a trust charter means gaining legitimacy and the ability to integrate more deeply into the traditional banking system, broadening their service offerings and customer base.

How many crypto firms have applied for bank charters recently?

As of 2025, the OCC has received 14 charter applications, many from crypto firms. This reflects the industry’s growing desire to formalize its operations and gain credibility within established financial frameworks.

What is ‘reputation risk’ in banking, and how does it affect crypto firms?

‘Reputation risk’ refers to the potential damage to a bank’s credibility when dealing with high-risk clients or markets, such as cryptocurrencies. Addressing reputation risk is crucial for banks to engage with crypto firms without jeopardizing their trustworthiness or customer trust.

How has the OCC’s approach to cryptocurrencies changed under Jonathan Gould?

Gould has advocated for a more inclusive approach, emphasizing innovation and fair supervision. His leadership marks a shift from previous resistance to supporting crypto integration, viewing it as essential for future financial growth.

Why is Canada tightening crypto regulations?

Canada faces challenges with tax evasion linked to crypto assets. By introducing tighter regulations, the Canadian government aims to ensure compliance, enhance transparency, and protect the financial integrity of its markets. The new legislation expected by 2026 is part of a broader strategy to address these issues.

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China's Central Bank and Eight Other Departments' Latest Regulatory Focus: Key Attention to RWA Tokenized Asset Risk


Foreword: Today, the People's Bank of China's website published the "Notice of the People's Bank of China, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, State Administration of Foreign Exchange on Further Preventing and Dealing with Risks Related to Virtual Currency and Others (Yinfa [2026] No. 42)", the latest regulatory requirements from the eight departments including the central bank, which are basically consistent with the regulatory requirements of recent years. The main focus of the regulation is on speculative activities such as virtual currency trading, exchanges, ICOs, overseas platform services, and this time, regulatory oversight of RWA has been added, explicitly prohibiting RWA tokenization, stablecoins (especially those pegged to the RMB). The following is the full text:


To the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, the Xinjiang Production and Construction Corps:


  Recently, there have been speculative activities related to virtual currency and Real-World Assets (RWA) tokenization, disrupting the economic and financial order and jeopardizing the property security of the people. In order to further prevent and address the risks related to virtual currency and Real-World Assets tokenization, effectively safeguard national security and social stability, in accordance with the "Law of the People's Republic of China on the People's Bank of China," "Law of the People's Republic of China on Commercial Banks," "Securities Law of the People's Republic of China," "Law of the People's Republic of China on Securities Investment Funds," "Law of the People's Republic of China on Futures and Derivatives," "Cybersecurity Law of the People's Republic of China," "Regulations of the People's Republic of China on the Administration of Renminbi," "Regulations on Prevention and Disposal of Illegal Fundraising," "Regulations of the People's Republic of China on Foreign Exchange Administration," "Telecommunications Regulations of the People's Republic of China," and other provisions, after reaching consensus with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, and with the approval of the State Council, the relevant matters are notified as follows:


  I. Clarify the essential attributes of virtual currency, Real-World Assets tokenization, and related business activities


  (I) Virtual currency does not possess the legal status equivalent to fiat currency. Virtual currencies such as Bitcoin, Ether, Tether, etc., have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed ledger or similar technology, existing in digital form, etc. They do not have legal tender status, should not and cannot be circulated and used as currency in the market.


  The business activities related to virtual currency are classified as illegal financial activities. The exchange of fiat currency and virtual currency within the territory, exchange of virtual currencies, acting as a central counterparty in buying and selling virtual currencies, providing information intermediary and pricing services for virtual currency transactions, token issuance financing, and trading of virtual currency-related financial products, etc., fall under illegal financial activities, such as suspected illegal issuance of token vouchers, unauthorized public issuance of securities, illegal operation of securities and futures business, illegal fundraising, etc., are strictly prohibited across the board and resolutely banned in accordance with the law. Overseas entities and individuals are not allowed to provide virtual currency-related services to domestic entities in any form.


  A stablecoin pegged to a fiat currency indirectly fulfills some functions of the fiat currency in circulation. Without the consent of relevant authorities in accordance with the law and regulations, any domestic or foreign entity or individual is not allowed to issue a RMB-pegged stablecoin overseas.


(II)Tokenization of Real-World Assets refers to the use of encryption technology and distributed ledger or similar technologies to transform ownership rights, income rights, etc., of assets into tokens (tokens) or other interests or bond certificates with token (token) characteristics, and carry out issuance and trading activities.


  Engaging in the tokenization of real-world assets domestically, as well as providing related intermediary, information technology services, etc., which are suspected of illegal issuance of token vouchers, unauthorized public offering of securities, illegal operation of securities and futures business, illegal fundraising, and other illegal financial activities, shall be prohibited; except for relevant business activities carried out with the approval of the competent authorities in accordance with the law and regulations and relying on specific financial infrastructures. Overseas entities and individuals are not allowed to illegally provide services related to the tokenization of real-world assets to domestic entities in any form.


  II. Sound Work Mechanism


  (III) Inter-agency Coordination. The People's Bank of China, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of virtual currency-related illegal financial activities.


  The China Securities Regulatory Commission, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of illegal financial activities related to the tokenization of real-world assets.


  (IV) Strengthening Local Implementation. The people's governments at the provincial level are overall responsible for the prevention and disposal of risks related to virtual currencies and the tokenization of real-world assets in their respective administrative regions. The specific leading department is the local financial regulatory department, with participation from branches and dispatched institutions of the State Council's financial regulatory department, telecommunications regulators, public security, market supervision, and other departments, in coordination with cyberspace departments, courts, and procuratorates, to improve the normalization of the work mechanism, effectively connect with the relevant work mechanisms of central departments, form a cooperative and coordinated working pattern between central and local governments, effectively prevent and properly handle risks related to virtual currencies and the tokenization of real-world assets, and maintain economic and financial order and social stability.


  III. Strengthened Risk Monitoring, Prevention, and Disposal


  (5) Enhanced Risk Monitoring. The People's Bank of China, China Securities Regulatory Commission, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration of Foreign Exchange, Cyberspace Administration of China, and other departments continue to improve monitoring techniques and system support, enhance cross-departmental data analysis and sharing, establish sound information sharing and cross-validation mechanisms, promptly grasp the risk situation of activities related to virtual currency and real-world asset tokenization. Local governments at all levels give full play to the role of local monitoring and early warning mechanisms. Local financial regulatory authorities, together with branches and agencies of the State Council's financial regulatory authorities, as well as departments of cyberspace and public security, ensure effective connection between online monitoring, offline investigation, and fund tracking, efficiently and accurately identify activities related to virtual currency and real-world asset tokenization, promptly share risk information, improve early warning information dissemination, verification, and rapid response mechanisms.


  (6) Strengthened Oversight of Financial Institutions, Intermediaries, and Technology Service Providers. Financial institutions (including non-bank payment institutions) are prohibited from providing account opening, fund transfer, and clearing services for virtual currency-related business activities, issuing and selling financial products related to virtual currency, including virtual currency and related financial products in the scope of collateral, conducting insurance business related to virtual currency, or including virtual currency in the scope of insurance liability. Financial institutions (including non-bank payment institutions) are prohibited from providing custody, clearing, and settlement services for unauthorized real-world asset tokenization-related business and related financial products. Relevant intermediary institutions and information technology service providers are prohibited from providing intermediary, technical, or other services for unauthorized real-world asset tokenization-related businesses and related financial products.


  (7) Enhanced Management of Internet Information Content and Access. Internet enterprises are prohibited from providing online business venues, commercial displays, marketing, advertising, or paid traffic diversion services for virtual currency and real-world asset tokenization-related business activities. Upon discovering clues of illegal activities, they should promptly report to relevant departments and provide technical support and assistance for related investigations and inquiries. Based on the clues transferred by the financial regulatory authorities, the cyberspace administration, telecommunications authorities, and public security departments should promptly close and deal with websites, mobile applications (including mini-programs), and public accounts engaged in virtual currency and real-world asset tokenization-related business activities in accordance with the law.


  (8) Strengthened Entity Registration and Advertisement Management. Market supervision departments strengthen entity registration and management, and enterprise and individual business registrations must not contain terms such as "virtual currency," "virtual asset," "cryptocurrency," "crypto asset," "stablecoin," "real-world asset tokenization," or "RWA" in their names or business scopes. Market supervision departments, together with financial regulatory authorities, legally enhance the supervision of advertisements related to virtual currency and real-world asset tokenization, promptly investigating and handling relevant illegal advertisements.


  (IX) Continued Rectification of Virtual Currency Mining Activities. The National Development and Reform Commission, together with relevant departments, strictly controls virtual currency mining activities, continuously promotes the rectification of virtual currency mining activities. The people's governments of various provinces take overall responsibility for the rectification of "mining" within their respective administrative regions. In accordance with the requirements of the National Development and Reform Commission and other departments in the "Notice on the Rectification of Virtual Currency Mining Activities" (NDRC Energy-saving Building [2021] No. 1283) and the provisions of the "Guidance Catalog for Industrial Structure Adjustment (2024 Edition)," a comprehensive review, investigation, and closure of existing virtual currency mining projects are conducted, new mining projects are strictly prohibited, and mining machine production enterprises are strictly prohibited from providing mining machine sales and other services within the country.


  (X) Severe Crackdown on Related Illegal Financial Activities. Upon discovering clues to illegal financial activities related to virtual currency and the tokenization of real-world assets, local financial regulatory authorities, branches of the State Council's financial regulatory authorities, and other relevant departments promptly investigate, determine, and properly handle the issues in accordance with the law, and seriously hold the relevant entities and individuals legally responsible. Those suspected of crimes are transferred to the judicial authorities for processing according to the law.


 (XI) Severe Crackdown on Related Illegal and Criminal Activities. The Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, as well as judicial and procuratorial organs, in accordance with their respective responsibilities, rigorously crack down on illegal and criminal activities related to virtual currency, the tokenization of real-world assets, such as fraud, money laundering, illegal business operations, pyramid schemes, illegal fundraising, and other illegal and criminal activities carried out under the guise of virtual currency, the tokenization of real-world assets, etc.


  (XII) Strengthen Industry Self-discipline. Relevant industry associations should enhance membership management and policy advocacy, based on their own responsibilities, advocate and urge member units to resist illegal financial activities related to virtual currency and the tokenization of real-world assets. Member units that violate regulatory policies and industry self-discipline rules are to be disciplined in accordance with relevant self-regulatory management regulations. By leveraging various industry infrastructure, conduct risk monitoring related to virtual currency, the tokenization of real-world assets, and promptly transfer issue clues to relevant departments.


  IV. Strict Supervision of Domestic Entities Engaging in Overseas Business Activities


(XIII) Without the approval of relevant departments in accordance with the law and regulations, domestic entities and foreign entities controlled by them may not issue virtual currency overseas.


  (XIV) Domestic entities engaging directly or indirectly in overseas external debt-based tokenization of real-world assets, or conducting asset securitization activities abroad based on domestic ownership rights, income rights, etc. (hereinafter referred to as domestic equity), should be strictly regulated in accordance with the principles of "same business, same risk, same rules." The National Development and Reform Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other relevant departments regulate it according to their respective responsibilities. For other forms of overseas real-world asset tokenization activities based on domestic equity by domestic entities, the China Securities Regulatory Commission, together with relevant departments, supervise according to their division of responsibilities. Without the consent and filing of relevant departments, no unit or individual may engage in the above-mentioned business.


  (15) Overseas subsidiaries and branches of domestic financial institutions providing Real World Asset Tokenization-related services overseas shall do so legally and prudently. They shall have professional personnel and systems in place to effectively mitigate business risks, strictly implement customer onboarding, suitability management, anti-money laundering requirements, and incorporate them into the domestic financial institutions' compliance and risk management system. Intermediaries and information technology service providers offering Real World Asset Tokenization services abroad based on domestic equity or conducting Real World Asset Tokenization business in the form of overseas debt for domestic entities directly or indirectly venturing abroad must strictly comply with relevant laws and regulations. They should establish and improve relevant compliance and internal control systems in accordance with relevant normative requirements, strengthen business and risk control, and report the business developments to the relevant regulatory authorities for approval or filing.


  V. Strengthen Organizational Implementation


  (16) Strengthen organizational leadership and overall coordination. All departments and regions should attach great importance to the prevention of risks related to virtual currencies and Real World Asset Tokenization, strengthen organizational leadership, clarify work responsibilities, form a long-term effective working mechanism with centralized coordination, local implementation, and shared responsibilities, maintain high pressure, dynamically monitor risks, effectively prevent and mitigate risks in an orderly and efficient manner, legally protect the property security of the people, and make every effort to maintain economic and financial order and social stability.


  (17) Widely carry out publicity and education. All departments, regions, and industry associations should make full use of various media and other communication channels to disseminate information through legal and policy interpretation, analysis of typical cases, and education on investment risks, etc. They should promote the illegality and harm of virtual currencies and Real World Asset Tokenization-related businesses and their manifestations, fully alert to potential risks and hidden dangers, and enhance public awareness and identification capabilities for risk prevention.


  VI. Legal Responsibility


  (18) Engaging in illegal financial activities related to virtual currencies and Real World Asset Tokenization in violation of this notice, as well as providing services for virtual currencies and Real World Asset Tokenization-related businesses, shall be punished in accordance with relevant regulations. If it constitutes a crime, criminal liability shall be pursued according to the law. For domestic entities and individuals who knowingly or should have known that overseas entities illegally provided virtual currency or Real World Asset Tokenization-related services to domestic entities and still assisted them, relevant responsibilities shall be pursued according to the law. If it constitutes a crime, criminal liability shall be pursued according to the law.


  (19) If any unit or individual invests in virtual currencies, Real World Asset Tokens, and related financial products against public order and good customs, the relevant civil legal actions shall be invalid, and any resulting losses shall be borne by them. If there are suspicions of disrupting financial order and jeopardizing financial security, the relevant departments shall deal with them according to the law.


  This notice shall enter into force upon the date of its issuance. The People's Bank of China and ten other departments' "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" (Yinfa [2021] No. 237) is hereby repealed.


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