US Banks Get Clear Crypto Custody Rules From Regulators

by Ouess

America’s top banking regulators – the Federal Reserve, FDIC, and OCC – have issued new guidance about how banks can safely custody cryptocurrencies like Bitcoin and Ethereum. While not creating new rules, the joint statement makes existing requirements crystal clear.

Key Takeaways for Banks

✅ Allowed to custody crypto (both fiduciary & non-fiduciary)
✅ Must fully control private keys (no shared access with clients)
✅ Can use third-party vendors (but remain legally liable)
✅ Staff must understand crypto risks and operations

“Banks need crypto expertise before offering these services,” the regulators emphasized. “This includes proper controls and compliance with all laws.”

Why This Matters Now

The guidance comes as:

  • More banks explore crypto services
  • Institutions seek regulated custody options
  • Regulators aim to prevent another FTX-style collapse

Recent months have seen growing regulatory clarity:
📌 Feb 2025: FDIC addresses crypto debanking
📌 March 2025: OCC says banks don’t need pre-approval
📌 April 2025: Fed issues similar guidance

The Fine Print on Crypto Keys

Banks must prove:
🔐 Exclusive control of digital assets
🔐 No customer access during custody
🔐 Proper security for private keys

Even when using outside custody providers, the bank remains fully responsible for any mishaps.

What’s Next?

This guidance likely paves the way for:

  1. More banks to offer crypto custody
  2. Greater institutional crypto adoption
  3. Continued regulatory focus on consumer protection

As one banking exec noted: “We finally have a playbook for crypto custody – now we can move forward with confidence.”

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