Proposed Revisions to the Federal Reserve Policy on Payment System Risk and the Guidelines for Account and Services Requests (payment account), 91 FR 30627, FR Doc 2026-10375 (Part 3 of 3)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Banking

3

2026-05-26

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

which are controlling.                                    13 Reserve Banks may reference the OFAC section
                                              institutions) could affect deposit                        12 Reserve Banks may reference the FFIEC BSA/         of the FFIEC BSA/AML Manual. These guidelines
                                              balances across U.S. financial                          AML Manual. These Guidelines may be updated to          may be updated to reflect any changes to relevant
                                              institutions more broadly and whether                   reflect any changes to relevant regulations.            regulations.

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                                                                             Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                                           30651

                                              the Reserve Banks. The Reserve Bank                          1. Tier 1: Eligible institutions that are                d. Payment Account requests from
                                              should consider the implications of                       federally insured.15                                     Tier 2 institutions will be subject to the
                                              providing an account to the institution                      a. As federally insured depository                    timing expectations set out in Section 4.
                                              in normal times as well as in times of                    institutions, Tier 1 institutions are                       3. Tier 3: Eligible institutions that are
                                              stress. This consideration should occur                   already subject to a standard, strict, and               not federally insured and are not
                                              regardless of the current monetary                        comprehensive set of federal banking                     considered in Tier 2.
                                              policy implementation framework in                        regulations.                                                a. Non-federally insured institutions
                                              place.                                                       b. In addition, for most Tier 1                       that are chartered under federal law but
                                                                                                        institutions, detailed regulatory and                    do not have a holding company subject
                                              Section 2: Reserve Bank Account                                                                                    to Federal Reserve oversight would be
                                                                                                        financial information would in most
                                              Options                                                                                                            considered in Tier 3.
                                                                                                        cases be readily available, often in
                                                                                                        public form.                                                b. Non-federally insured institutions
                                                 The Reserve Banks offer two account
                                                                                                           c. Accordingly, access requests by                    that are chartered under state law and
                                              types to legally eligible institutions:
                                                                                                        Tier 1 institutions will generally be                    are not subject (by statute) to prudential
                                              Master Accounts and Payment
                                                                                                        subject to a less intensive and more                     supervision by a federal banking agency,
                                              Accounts.14 A Master Account is a
                                                                                                        streamlined review.                                      or have a holding company that is not
                                              general-purpose account maintained by
                                                                                                           d. In cases where the application of                  subject to Federal Reserve oversight,
                                              a Reserve Bank for a legally eligible
                                                                                                        the Guidelines to Tier 1 institutions                    would be considered in Tier 3.
                                              institution as further described in Part                                                                              c. Tier 3 institutions may be subject
                                              IV of the Federal Reserve Policy on                       identifies potentially higher risk
                                                                                                        profiles, the institutions will receive                  to a regulatory framework that is
                                              Payment System Risk (PSR Policy). A                                                                                substantially different from the
                                              Payment Account is a special-purpose                      additional attention.
                                                                                                           e. Access requests from Tier 1                        regulatory framework that applies to
                                              account maintained by a Reserve Bank                                                                               federally insured institutions.
                                              for a legally eligible institution for the                institutions will be subject to the timing
                                                                                                                                                                    d. In addition, detailed regulatory and
                                              purpose of clearing and settling                          expectations set out in Section 4.
                                                                                                                                                                 financial information regarding Tier 3
                                              payments activity of the institution and                     2. Tier 2: Eligible institutions that are
                                                                                                                                                                 institutions may not exist or may be
                                              its customers subject to the terms set                    not federally insured but are subject (by
                                                                                                                                                                 unavailable.
                                              forth in Part IV of the PSR Policy, the                   statute) to prudential supervision by a                     e. Accordingly, Tier 3 institutions will
                                              Board’s Regulation A, and the Board’s                     federal banking agency.16 In addition, (i)               generally receive the strictest level of
                                              Regulation D.                                             if such an institution is chartered under                review.
                                                                                                        federal law, it has a holding company                       f. Payment Account requests from
                                              Section 3: Review Frameworks                              that is subject to Federal Reserve                       Tier 3 institutions will be subject to the
                                                 The review framework in this section                   oversight (by statute or commitments);                   timing expectations set out in Section 4.
                                              is meant to serve as a guide to the level                 and (ii) if such an institution is
                                                                                                        chartered under state law and has a                      Section 4: Account Request Review
                                              of due diligence and scrutiny to be
                                                                                                        holding company, that holding                            Timelines
                                              applied by Reserve Banks to access
                                              requests from different types of                          company is subject to Federal Reserve                      The Board believes that setting
                                              institutions. Although institutions in a                  oversight (by statute or commitments).17                 general expectations about the period
                                              higher tier will on average face greater                     a. Tier 2 institutions are subject to a               within which a Reserve Bank will
                                              due diligence and scrutiny than                           similar, but not identical, set of                       complete its review of an access request
                                              institutions in a lower tier, a Reserve                   regulations as federally insured                         give requesting institutions greater
                                              Bank has the authority to grant or deny                   institutions. As a result, Tier 2                        clarity on the resources and time needed
                                              an access request by an institution in                    institutions may still present greater                   for the evaluation process. However, the
                                              any of the three tiers, based on the                      risks than Tier 1 institutions.                          Board also believes that the nature of
                                              Reserve Bank’s application of the                            b. Reserve Banks will have significant                the relevant variables in access
                                              principles in Section 1 to that particular                supervisory information about, as well                   requests—including the variety of
                                              institution.                                              as some level of regulatory authority                    charter types, business models,
                                                                                                        over, Tier 2 institutions.                               regulatory regimes, and risk profiles—
                                                 As discussed above, an institution’s                      c. Accordingly, account access                        precludes specification of a single
                                              access request will be reviewed on a                      requests by Tier 2 institutions will                     timeline. Accordingly, the Board
                                              case-by-case, risk-focused basis and the                  generally receive an intermediate level                  generally expects Reserve Banks to
                                              tiers are designed to provide additional                  of review.                                               evaluate access requests according to
                                              transparency into the expected review
                                                                                                                                                                 the timelines set forth below.18
                                              process based on key characteristics.                       15 See 12 U.S.C. 1813(c)(2) (defining ‘‘insured

                                                                                                        depository institution’’ for purposes of the Federal     Requests From Tier 1 Institutions
                                                14 As explained in footnote 7, requests to be an        Deposit Insurance Act) and 12 U.S.C. 1752(7)
                                                                                                        (defining ‘‘insured credit union’’ for purposes of the     As discussed in Section 3, access
                                              agent or participant in an excess balance account
                                              will also be reviewed pursuant to these guidelines.       Federal Credit Union Act).                               requests from Tier 1 institutions will
                                              Excess balances accounts are not discussed here as          16 The federal banking agencies include the            generally be subject to a less intensive
                                              they may not be used for general payments or other        Board, the Office of the Comptroller of the Currency     and more streamlined review. As a
                                              activities. 12 CFR 204.10(d). For purposes of these       (OCC), the Federal Deposit Insurance Corporation,
                                                                                                        and the National Credit Union Administration.
                                                                                                                                                                 result, Reserve Banks are generally
                                              guidelines, Master Accounts and Payment Accounts
                                              are distinct from the accounts that Reserve Banks         Non-federally insured institutions that are chartered    expected to complete their review of
                                              provide (i) as depository and fiscal agent, such as       under federal law are subject to prudential              access requests from Tier 1 institutions
                                              those provided for the Treasury and for certain           supervision by the OCC. Non-federally insured            within 45 calendar days of receiving all

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                                              government-sponsored entities (12 U.S.C. 391, 393–        institutions that are chartered under state law are
                                                                                                        subject to prudential supervision by the Board if
                                                                                                                                                                 requested documentation. In rare cases
                                              95, 1823, 1435), (ii) to certain international
                                              organizations (22 U.S.C. 285d, 286d, 290o–3, 290i–        they become members of the Federal Reserve               where the Reserve Bank is unable to
                                              5, 290l–3), (iii) to designated financial market          System.
                                              utilities (12 U.S.C. 5465), and (iv) pursuant to the        17 Edge and Agreement Corporations and U.S.              18 An institution’s delay or failure to provide

                                              Board’s Regulation N (12 CFR part 214), and joint         branches and agencies of foreign banks would fall        documents requested by the Reserve Bank may
                                              accounts described in the Board’s Guidelines for          under a Tier 2 level of review because of Federal        result in a delay in the Reserve Bank’s review of its
                                              Evaluating Joint Account Requests.                        Reserve oversight over these institutions.               access request.

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                                              30652                          Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              complete its review and provide a                       Account from the same institution. As a               expected to consult with Board staff on
                                              response to the requesting institution                  result, Reserve Banks are generally                   the additional time needed.
                                              within this timeline, the Reserve Bank                  expected to complete their review of                  Appendix I: Daily Closing Balances
                                              will be expected to consult with Board                  Payment Account requests from Tier 2
                                              staff on the additional time needed.                    and Tier 3 institutions within 90                       The graphic below displays the
                                                                                                                                                            distribution of daily closing balances for each
                                              Requests for Payment Accounts                           calendar days of receiving all requested
                                                                                                                                                            year from 2021 to 2025, showing how closing
                                                                                                      documentation.19 In rare cases where                  balances vary from the 25th percentile to the
                                                Given that the Payment Account, by                    the Reserve Bank is unable to complete                99th percentile.
                                              design, has a lower residual risk profile               its review and provide a response to the
                                              compared to a Master Account, a                                                                                 By order of the Board of Governors of the
                                                                                                      requesting institution within this                    Federal Reserve System.
                                              request from a Tier 2 or Tier 3                         timeline, the Reserve Bank will be
                                              institution for a Payment Account will                                                                        Benjamin W. McDonough,
                                              generally receive a more streamlined                                                                          Secretary of the Board.
                                              review relative to a request for a Master                19 Id.                                               BILLING CODE 6210–01–C

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                                                                             Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                            30653

                                              [FR Doc. 2026–10375 Filed 5–22–26; 8:45 am]
                                              BILLING CODE 6210–01–P

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