OCC: Banks Can Buy and Sell Their Customers’ Crypto Assets Held in Custody

The U.S. Office of the Comptroller of the Currency, which regulates national banks, has continued its about-face to earlier resistance to cryptocurrency in banking, issuing interpretive letters that say the institutions can — at their customers’ behest — buy and sell crypto assets in custody.

The newly explained policy stance released by the OCC on Wednesday also clarified that the bankers can outsource crypto activities to third parties, including custody and executive services. As long as it all still checks the boxes of the watchdog’s safety-and-soundness requirements, the OCC is giving the banks more crypto freedom.

This week’s move follows the agency’s March reversal of a longstanding policy that demanded bankers check with their government supervisors before moving ahead with new crypto business. “These letters signal a shift in the OCC’s approach,” Katherine Kirkpatrick Bos, Starkware general counsel and a former chief legal officer at Cboe Digital, noted on social media site X. She said the agency now seems to be melding crypto into traditional banking. And the additional guidance that third-parties are okay “is a boon to regulated crypto native service providers.”