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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteIf a crypto custodian says its bank is changing or losing its charter, first identify the legal entity holding your crypto and any separate entity holding your cash. A charter change is not, by itself, proof that the bank failed, your crypto was lost, or custody automatically ended. Save your account records, get a written explanation through an authenticated channel, and follow any official receiver or court instructions if there has been an actual failure or insolvency.
This guide focuses on U.S. federal regulators. Your rights depend on the custodian, account structure, contract, governing law, and any applicable regulator or court process.
First, determine what actually happened
“The bank lost its charter” can describe different events, including a charter conversion, merger, or other change in the bank’s legal status. It does not necessarily mean the bank has failed. A bank failure, a crypto custody service closing, and a nonbank crypto company becoming insolvent are separate events, with different processes and potentially different consequences.
Read the notice and custody agreement, then write down the legal names of the customer-facing company, the bank, any sub-custodian, and any acquiring or successor institution. Note whether the notice describes a proposed change or a completed one, and its effective date. For a federally chartered bank, the OCC provides charter and licensing information and describes its role in decisions affecting national banks’ and federal savings associations’ structures and activities. For a state-chartered bank, identify the relevant state banking regulator.
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| Event | What it means for your next step |
|---|---|
| Charter change, conversion, or merger | Confirm the approved change, effective date, successor entity, and whether custody and withdrawals continue. Do not assume the change itself means a failure or an automatic end to your contract. |
| Failure of an FDIC-insured bank | Use the FDIC’s official instructions for deposits and claims involving the failed bank. The FDIC may arrange for another bank to assume insured deposits or pay depositors directly, and serves as receiver for the failed bank’s assets and liabilities. |
| Custody service closure or nonbank custodian insolvency | Follow the custodian’s formal transfer or claim process and any court or receiver instructions. A bank’s deposit-insurance process does not, by itself, establish what happens to crypto held by a nonbank. |
The OCC said on May 7, 2025, that national banks and federal savings associations may buy and sell assets held in custody at a customer’s direction and may outsource bank-permissible crypto custody and execution, subject to appropriate third-party risk management and applicable law. On July 14, 2025, the OCC, Federal Reserve, and FDIC said crypto safekeeping must be conducted safely and soundly and in compliance with applicable law; the statement created no new supervisory expectations. These statements describe regulatory principles, not the terms of your particular account or a guarantee of recovery.
Preserve your records before access changes
Download or save records while you can still sign in. Keep the original files where possible and note when you obtained them. Useful records include:
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- Account statements, crypto and cash balances, transaction history, and tax documents.
- The custody agreement, deposit disclosures, fee schedule, and any amendments.
- The charter-change, service-closure, or withdrawal-restriction notice, along with support messages.
- Transaction IDs, wallet addresses, and screenshots showing balances or errors.
This is a practical precaution, not a universal regulator checklist. Do not send a password, seed phrase, or private key to anyone claiming to be support. If you initiate a transfer, verify the destination address independently before confirming it.
Ask for a written, account-specific explanation
Contact the custodian through its authenticated website or established support channel. If a bank is named as directly holding your deposit or providing custody, contact it through independently verified official channels as well. Ask for clear answers to these questions:
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- What event is taking place, and when does it take effect?
- Will the same legal entity continue to provide custody? If not, which entity will, and is a sub-custodian involved?
- Who controls the private keys, and how are my crypto assets held or recorded?
- Which bank holds any associated cash, and what type of account is it?
- Can I withdraw or transfer each asset now? Are there deadlines, fees, limits, or restrictions?
- How should I submit a claim if access is interrupted, and what records are required?
Save the responses and the dates you received them. If the explanation is unclear or conflicts with the notice or contract, ask the company to identify the relevant contract provision and the entity responsible for handling your account.
Assess crypto and cash separately
Crypto custody and bank deposits are not the same thing. The FDIC’s July 28, 2022 fact sheet states: “FDIC deposit insurance does not apply to financial products such as stocks, bonds, money market mutual funds, other types of securities, commodities, or crypto assets.” A bank may provide crypto custody, including safekeeping the unique cryptographic keys associated with cryptocurrency, but that does not make the crypto an insured deposit. The OCC described key safekeeping as part of cryptocurrency custody in a July 22, 2020 announcement.
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Cash may be treated differently if it is actually held in a qualifying deposit account at an insured bank. If a crypto company says customer cash has “pass-through” deposit insurance through a partner bank, ask for the bank’s legal name, the account arrangement, and records showing your ownership interest. The FDIC says coverage for actual owners of fiduciary deposits depends on requirements being met. It pays the fiduciary rather than directly paying its customers, and it is not responsible if the fiduciary or custodian fails to establish the account, maintain supporting records, or keep funds within insured limits. A company’s claim alone does not establish that your funds qualify.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Follow the correct escalation and claim process
- If the event is a charter change: Ask the custodian which entity will hold your assets after the effective date, whether the custody agreement changes, and whether you must act by a specified deadline. Check the relevant regulator’s official records for the institution’s status. If the bank is state-chartered, identify its state regulator.
- If an insured bank has failed: Read the FDIC’s official instructions and use the stated process for deposits or claims involving the failed bank. The FDIC’s handling of insured deposits does not determine the treatment of crypto held in custody.
- If the custodian has restricted withdrawals or become insolvent: Send a written complaint to the custodian and, where relevant, the bank and its regulator. If an official receiver or court process exists, use the claim channel and deadlines in its notices rather than relying only on ordinary customer support.
- If significant assets are inaccessible or your ownership is disputed: Seek qualified legal advice promptly, especially if a claim deadline applies or the contract’s governing law and ownership terms are unclear.
A customer’s legal status cannot be determined from a general description of the event. Whether crypto is segregated property, held under a trust or bailment arrangement, or treated differently in a particular insolvency depends on the agreement, records, governing law, applicable regulatory regime, and proceeding-specific facts.
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What to compare before accepting a transfer or new arrangement
If you are asked to accept a new custodian, bank, or set of terms, compare the actual documents and operational details—not just the company’s description of the change.
- Entities and oversight: Identify the legal custodian, bank, sub-custodian, and relevant charter or regulator.
- Crypto control and ownership: Check who controls the keys, how your assets are recorded, and what the agreement says about segregation and customer ownership.
- Cash placement: Confirm the bank and account type, and obtain the records supporting any claim of pass-through deposit insurance.
- Access and costs: Compare transfer availability, deadlines, fees, limits, and restrictions for each asset.
- Disputes and insolvency: Review governing law, claim procedures, and the process named in the agreement for a dispute or insolvency.
The OCC recognizes that banks may outsource certain permissible activities subject to third-party risk management. That does not answer who has legal custody of your particular assets. The FDIC’s pass-through guidance likewise makes the actual placement and supporting records material to deposit-insurance treatment.
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