OCC Grants Crypto.com Conditional National Bank Trust Charter

OCC Grants Crypto.com Conditional Bank Trust Charter – Federal Oversight Would Expand Custody Role in the US

Key Takeaways

• The US Office of the Comptroller of the Currency has granted Crypto.com conditional approval for a national bank trust charter.
• If fully approved, Crypto.com would operate as a federally regulated custodian under OCC oversight.
• The company applied in October to provide custody services for digital asset treasuries, exchange-traded funds, and other clients.
• Circle, Ripple, BitGo, Fidelity Digital Assets, and Paxos also received conditional approvals in December.
• National trust charters may exempt companies from most state money transmission licensing requirements.

OCC Issues Conditional Approval for Crypto.com

The US Office of the Comptroller of the Currency has granted Crypto.com conditional approval for a national bank trust charter. The exchange announced the development on Monday, stating that it had applied for the charter in October.

According to Crypto.com, full approval would allow the company to establish itself as a federally regulated institution operating under OCC oversight. In that capacity, it would act as a custodian across the United States.

The company previously said that its trust bank would provide custody services for digital asset treasuries, exchange-traded funds, and other institutional participants. Custody services typically involve safeguarding digital assets on behalf of clients, a function that carries regulatory and compliance obligations when conducted within the US banking framework.

The OCC is the federal agency responsible for chartering, regulating, and supervising national banks and federal savings associations. A national bank trust charter places an institution under direct federal supervision rather than a patchwork of state-level licensing regimes.

Part of a Broader Wave of Conditional Approvals

Crypto.com is not the only digital asset company to receive a conditional green light from the OCC in recent months. In December, the regulator conditionally approved five national bank charter applications submitted by Circle, Ripple, BitGo, Fidelity Digital Assets, and Paxos.

These approvals marked a significant policy step for the federal banking regulator in relation to crypto-focused firms seeking integration into the traditional banking system. While conditional approval does not equate to full authorization, it signals that the OCC is willing to consider crypto-native companies within the national banking framework, subject to meeting supervisory and compliance requirements.

Coinbase also applied for a national bank trust charter in October. However, the company stated that it had no intention of becoming a bank if its application were approved.

Industry Pushback and Regulatory Timing Concerns

The wave of applications has drawn scrutiny from parts of the traditional banking sector. This month, the American Bankers Association sent a comment letter to the OCC urging the regulator to delay granting new national trust bank charters to companies associated with digital assets.

The association argued that the framework for the payment stablecoin legislation known as the GENIUS Act, which was signed into law in July, should be fully implemented before additional charters are approved. The group stated that each application review requires robust and broadly applicable safety and soundness standards. It also cautioned the OCC against measuring its decision timelines against traditional benchmarks.

These comments reflect ongoing debates about how digital asset companies should be supervised and how new federal standards intersect with existing banking regulations.

Implications of a National Trust Charter

A national bank trust charter can materially change how a crypto company operates in the United States. According to BairdHolm attorney Eli Rosenberg, most state money transmission regulations exclude chartered trust companies. As a result, a nationally chartered trust company would likely be exempt from most state licensing requirements.

For companies operating across multiple US jurisdictions, state-level licensing can involve separate applications, reporting obligations, and compliance procedures in each state. A national charter centralizes supervision under the OCC, potentially streamlining regulatory oversight.

In Crypto.com’s case, the company has stated that the charter would support its custody business. Custody of digital assets for treasuries and exchange-traded funds involves safeguarding client holdings and maintaining operational controls consistent with federal banking standards.

Political Scrutiny Around Other Applications

The broader charter process has also intersected with political developments. World Liberty Financial, the crypto company behind the USD1 stablecoin and backed by US President Donald Trump and his sons, applied for a national bank trust charter in January.

The company said that, if approved, the charter would allow it to issue and custody USD1 directly rather than relying on third-party providers. The application has drawn scrutiny from Massachusetts Senator Elizabeth Warren, who questioned whether the review process would be handled impartially. OCC head Jonathan Gould has stated that the review would be conducted as an apolitical and nonpartisan process.

These developments underscore that applications for national trust charters by crypto firms are being evaluated in a politically sensitive environment, particularly when they involve high-profile backers.

Our Assessment

The OCC’s conditional approval of Crypto.com’s national bank trust charter application places the exchange among several major digital asset firms seeking federal banking status. If finalized, the charter would allow Crypto.com to operate as a federally supervised custodian in the United States and could reduce reliance on state-level money transmission licenses. The decision forms part of a broader series of conditional approvals by the OCC and is unfolding amid industry feedback and political scrutiny over how crypto-related banking activities should be regulated.