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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallYes. U.S. banks do not need the CLARITY Act to serve every crypto company. A bank may provide services when the specific activity is permitted under applicable federal and state law and the bank can manage the risks. That does not mean every crypto activity is authorized—or that a bank must accept a particular company.
What the CLARITY Act does—and does not do
The Digital Asset Market Clarity Act of 2025, H.R. 3633, is a proposed market-structure bill. The House materials describe a framework for digital commodities and SEC and CFTC roles, among other provisions. The congressional record shows House consideration and passage events in July 2025, but the available sources do not establish the bill’s latest Senate status as of October 4, 2026. It should not be described here as enacted, definitively stalled, or a prerequisite for ordinary bank services.
The practical question is not simply whether the CLARITY Act has passed. It is whether the particular service a crypto business wants is permissible under existing law, and whether the bank is prepared to provide it under its supervisory and risk-management obligations.
What existing law and agency actions allow
GENIUS Act: payment stablecoins and other lawful banking activity
The GENIUS Act became Public Law 119-27 in July 2025. Its current preliminary U.S. Code text, at 12 U.S.C. § 5915, says the chapter does not limit depository institutions, credit unions, national banks, or trust companies from conducting activities permissible under applicable state and federal law.
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The statute gives examples: taking deposits; using distributed-ledger technology for the institution’s records and intrabank transfers; and providing custody of payment stablecoins, private keys, or stablecoin reserves. The limiting words matter: the activity must still be permissible under other applicable law. This is not blanket approval for every token, product, or business model.
OCC: national banks and federal savings associations
On March 7, 2025, the Office of the Comptroller of the Currency announced Interpretive Letter 1183. It reaffirmed that national banks and federal savings associations may provide crypto-asset custody, engage in certain stablecoin activities, and participate in independent node verification networks, subject to applicable law and risk controls.
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FDIC: institutions supervised by the agency
On March 28, 2025, the Federal Deposit Insurance Corporation rescinded FIL-16-2022, which had required prior notification for crypto-related activities by FDIC-supervised institutions. The FDIC said these institutions may engage in permissible crypto-related activities without prior FDIC approval if they adequately manage the associated risks. This change concerns that prior notification process; it does not exempt an institution from applicable law or supervision.
Safekeeping: permission comes with controls
An OCC bulletin in May 2025 reported a joint statement by the OCC, Federal Reserve Board, and FDIC on banks’ crypto-asset safekeeping services. The agencies emphasized risk-management controls and continued attention to safety, soundness, and supervision. Permission to provide custody is not permission to neglect how assets and keys are safeguarded.
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Stablecoin implementation remains a separate issue
On April 7, 2026, the FDIC approved a proposed rule addressing GENIUS Act standards for permitted payment stablecoin issuers and insured depository institutions, reserve deposits, deposit-insurance treatment, and tokenized deposits. It was a proposal, not a final rule. Its existence does not change the distinction between authority to conduct a permitted activity and the conditions under which that activity must be carried out.
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“Banking a crypto company” can mean several different things. The legal and supervisory question depends on the activity, not just on the company’s industry label.
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| Requested service | What the cited sources establish | What that means for the company |
|---|---|---|
| Deposit account or ordinary banking relationship | The GENIUS Act identifies taking deposits as an example of an activity institutions may conduct when permissible under applicable law. | The company’s crypto business does not, by itself, establish whether the specific account relationship is permissible or whether a bank will offer it. |
| Payment-stablecoin activity, reserves, or custody | The GENIUS Act addresses payment stablecoins and names custody of payment stablecoins, private keys, and stablecoin reserves as examples. OCC Letter 1183 also addresses certain stablecoin activities for national banks and federal savings associations. | Confirm that the activity falls within the relevant legal authority and meets applicable requirements; these sources do not approve every stablecoin arrangement. |
| Crypto-asset safekeeping or custody | OCC Letter 1183 reaffirmed certain custody authority. The agencies’ safekeeping statement emphasizes risk controls and continued supervision. | Authority to offer custody does not remove the need for adequate safekeeping and operational controls. |
| Distributed-ledger records, transfers, or node validation | The GENIUS Act gives distributed-ledger use for an institution’s records and intrabank transfers as examples; OCC Letter 1183 addresses participation in independent node verification networks for national banks and federal savings associations. | Assess the exact activity and the institution’s charter and applicable oversight; the examples are not universal approval for all blockchain operations. |
Why a legally permissible service may still be unavailable
Regulatory permission answers whether an institution may conduct an activity under specified conditions. It does not require the institution to provide that service to a particular applicant. The agencies’ actions describe permissible activity and supervisory processes, not a guarantee that an individual crypto company can open an account or obtain custody.
A bank’s decision is institution-specific. The relevant considerations include the service requested, the applicable federal and state law, the bank’s charter and regulator, and whether the bank can manage the associated risks while operating safely and soundly. A change to a prior-approval or notification process does not remove those considerations.
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What a crypto company should establish before approaching a bank
To make the legal and operational question concrete, a company should be ready to identify what it actually needs rather than relying on the broad label “crypto banking.”
- Specify the service: distinguish a deposit relationship from stablecoin issuance or reserves, custody, safekeeping, distributed-ledger use, or node validation.
- Identify the institution: determine whether the prospective bank is an OCC-supervised national bank or federal savings association, an FDIC-supervised institution, or subject to other state or federal oversight. The cited agency actions apply to their respective institutions and activities.
- Explain the legal basis: show why the requested activity is permissible under applicable federal and state law. The GENIUS Act preserves lawful authority; it does not make otherwise impermissible activity permissible.
- Be prepared to address risk controls: for safekeeping in particular, the agencies have emphasized risk management alongside safety, soundness, and supervision.
These points help frame the discussion; they do not establish that a specific company qualifies for an account or that a particular state-law question has a uniform answer.
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