Policy Statement on Section 9(13) of the Federal Reserve Act (2025; rescinds 2023 statement), 90 FR 59731, FR Doc 2025-23548

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

Banking

2025-12-22

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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.

59731

                                            Rules and Regulations                                                                                          Federal Register
                                                                                                                                                           Vol. 90, No. 243

                                                                                                                                                           Monday, December 22, 2025

                                            This section of the FEDERAL REGISTER                    0911, Legal Division; or Juan Climent,                 Board’s commitment to the principle of
                                            contains regulatory documents having general            Deputy Associate Director, (202) 872–                  ‘‘same activity, same risks, same
                                            applicability and legal effect, most of which           7526 and Jeff Ernst, Manager, (202) 369–               regulation’’ and the reciprocal principle
                                            are keyed to and codified in the Code of                9439, Division of Supervision and                      of ‘‘different activity, different risks,
                                            Federal Regulations, which is published under           Regulation, Board of Governors of the                  different regulation’’ in a manner
                                            50 titles pursuant to 44 U.S.C. 1510.
                                                                                                    Federal Reserve System, 20th Street and                designed to facilitate innovation by state
                                            The Code of Federal Regulations is sold by              C Streets NW, Washington, DC 20551.                    member banks, and (ii) provides further
                                            the Superintendent of Documents.                        For users of TTY–TRS, please call 711                  guidance to uninsured state member
                                                                                                    from any telephone, anywhere in the                    banks and uninsured state-chartered
                                                                                                    United States.                                         bank applicants for membership who
                                            FEDERAL RESERVE SYSTEM                                  SUPPLEMENTARY INFORMATION:                             may seek to engage in activities as
                                                                                                                                                           principal that are not permissible for
                                            12 CFR Part 208                                         I. Background                                          insured state member banks.
                                            [Docket No. OP–1876]                                       Under section 9(13) of the Federal
                                                                                                                                                           II. Rescission of the 2023 Policy
                                                                                                    Reserve Act (FRA), the Board of
                                            RIN 7100–AH14                                                                                                  Statement
                                                                                                    Governors of the Federal Reserve
                                                                                                    System (Board) ‘‘may limit the activities                 In January 2023, the Board published
                                            Policy Statement on Section 9(13) of                                                                           the 2023 Policy Statement,4 which set
                                                                                                    of State member banks and subsidiaries
                                            the Federal Reserve Act                                                                                        out a rebuttable presumption that the
                                                                                                    of State member banks in a manner
                                            AGENCY: Board of Governors of the                       consistent with section 24 of the Federal              Board would exercise its discretion
                                            Federal Reserve System.                                 Deposit Insurance Act [(FDIA)].’’ 1                    under section 9(13) of the FRA to limit
                                            ACTION: Final rule; rescission of a policy              Section 24 prohibits an insured State                  the authority of state member banks to
                                            statement; issuance of a policy                         bank from engaging ‘‘as principal in any               engage as principal in only those
                                            statement.                                              type of activity that is not permissible               activities that are permissible for
                                                                                                    for a national bank unless—(A) the                     national banks—in each case, subject to
                                            SUMMARY: The Board of Governors of the                  [Federal Deposit Insurance Corporation                 the terms, conditions, and limitations
                                            Federal Reserve System (Board) is                       (FDIC)] has determined that the activity               placed on national banks with respect to
                                            rescinding its 2023 policy statement                    would pose no significant risk to the                  the activity—unless those activities are
                                            interpreting section 9(13) of the Federal               Deposit Insurance Fund; and (B) the                    permissible for state-chartered banks by
                                            Reserve Act (FRA) (2023 Policy                          State bank is, and continues to be, in                 federal statute or under part 362 of the
                                            Statement), which set out a presumption                 compliance with applicable capital                     FDIC’s regulations. The 2023 Policy
                                            for how the Board would exercise its                    standards prescribed by the appropriate                Statement also (i) reiterated to state
                                            authority under that provision and                      Federal banking agency.’’ 2 In 2023, the               member banks that legal permissibility
                                            elaborated on supervisory expectations                  Board issued a policy statement                        is a necessary, but not sufficient,
                                            at that time related to ‘‘novel and                     interpreting section 9(13) (2023 Policy                condition to establish that a state
                                            unprecedented’’ activities. The Board is                Statement), setting out a presumption                  member bank may engage in a particular
                                            also withdrawing from the record the                    for how the Board intended to use its                  activity; (ii) reminded state member
                                            SUPPLEMENTARY INFORMATION that                          authority under the provision and                      banks that they must at all times
                                            accompanied the 2023 Policy Statement,                  elaborating on supervisory expectations                conduct their business and exercise
                                            which discussed specific crypto-asset                   at that time regarding ‘‘novel and                     their powers with due regard to safety
                                            activities. The Board is replacing the                  unprecedented’’ activities.3                           and soundness, including by having in
                                            2023 Policy Statement with a new                           At this time, the Board has concluded               place appropriate internal controls and
                                            policy statement on section 9(13) of the                that it is appropriate to rescind the 2023             information systems; and (iii)
                                            FRA, which is designed to facilitate                    Policy Statement and replace it with a                 highlighted particular risks associated
                                            innovation by state member banks in a                   new policy statement (2025 Policy                      with, and supervisory expectations for,
                                            manner that is consistent with bank                     Statement) describing the Board’s                      ‘‘novel and unprecedented’’ activities.
                                            safety and soundness and preserving the                 intention to interpret section 9(13) of                Furthermore, the 2023 Preamble
                                            stability of the U.S. financial system.                 the FRA in a manner designed to                        discussed how the 2023 Policy
                                            The new policy statement also provides                  facilitate innovation by state member                  Statement would presumptively apply
                                            guidance to uninsured state member                      banks, consistent with bank safety and                 to particular sets of facts related to
                                            banks and uninsured state-chartered                     soundness and preserving the stability                 certain crypto-asset activities at the
                                            bank applicants for membership who                      of the U.S. financial system. The Board                time.
                                            may seek to engage in activities as                     is also withdrawing from the record                       The 2023 Policy Statement was part of
                                            principal that are not permissible for                  portions of the SUPPLEMENTARY                          a series of Board or Board staff issuances
                                                                                                    INFORMATION (2023 Preamble) discussing
                                                                                                                                                           in 2022 and 2023 related to crypto-asset
                                            insured state member banks.
                                                                                                    specific crypto-asset activities. The 2025             activities and supervisory expectations
                                            DATES: This final rule and policy                                                                              for such activities. Recently, those

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                                            statement is effective on December 22,                  Policy Statement (i) articulates the
                                            2025.                                                                                                             4 See Press Release: Federal Reserve Board issues
                                                                                                      1 12 U.S.C. 330 (as amended by Federal Deposit
                                            FOR FURTHER INFORMATION CONTACT:                                                                               policy statement to promote a level playing field for
                                                                                                    Insurance Corporation Improvement Act of 1991          all banks with a federal supervisor, regardless of
                                            Asad Kudiya, Associate General                          § 303(b), Public Law 102–242, 105 Stat. 2236, 2353).   deposit insurance status (Jan. 27, 2023), available at
                                            Counsel, (202) 475–6358 and Kelley                         2 12 U.S.C. 1831a(a). See 12 CFR part 362.
                                                                                                                                                           https://www.federalreserve.gov/newsevents/
                                            O’Mara, Special Counsel, (202) 430–                        3 88 FR 7848 (Feb. 7, 2023); 12 CFR 208.112.        pressreleases/bcreg20230127a.htm.

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                                            59732            Federal Register / Vol. 90, No. 243 / Monday, December 22, 2025 / Rules and Regulations

                                            issuances have been rescinded or                          a national bank has not been authorized               uninsured state member bank has
                                            withdrawn.5 The Board believes these                      by federal law, including the National                received the permission of the Board
                                            statements are no longer appropriate                      Bank Act, to engage in an activity, then              under section 208.3(d)(2) of the Board’s
                                            given its evolving understanding of the                   national banks are not permitted to                   Regulation H.12 Under that provision, a
                                            risks of the crypto-asset sector and its                  engage in such activity.                              state member bank may not, without the
                                            desire to facilitate innovation in a                                                                            permission of the Board, change the
                                                                                                      B. Application
                                            manner consistent with safety and                                                                               general character of its business or the
                                            soundness and preserving the stability                       The 2025 Policy Statement applies to               scope of the corporate powers it
                                            of the U.S. financial system. Similarly,                  insured and uninsured state member
                                                                                                                                                            exercised at the time of its admission to
                                            at this time, the Board has determined                    banks. Insured state member banks,
                                                                                                                                                            membership.13 To the extent firms have
                                            it should rescind the 2023 Policy                         however, are already required by section
                                                                                                      24 of the FDIA and part 362 of the                    inquiries regarding legal permissibility,
                                            Statement in its entirety, including                                                                            the Board will engage with the FDIC and
                                            related guidance in the 2023 Preamble.                    FDIC’s regulations to seek approval from
                                                                                                      the FDIC when seeking to conduct an                   OCC as appropriate, consistent with this
                                            II. 2025 Policy Statement                                 activity as principal that is not                     policy statement.
                                               The Board continues to believe it is                   permissible for national banks. As                       In determining whether to grant an
                                            beneficial to provide transparency to the                 established under those provisions,                   uninsured state member bank or an
                                            public regarding its interpretation of                    insured state member banks may not                    uninsured state-chartered bank
                                            section 9(13) of the FRA, as well as how                  engage as principal in any type of                    applicant for membership permission to
                                            it intends to use its authority under the                 activity that is not permissible for a                engage in an activity as principal that is
                                            provision. Therefore, the Board is                        national bank unless—(i) the FDIC has                 not permissible for insured state
                                            replacing its 2023 Policy Statement with                  determined that the activity would pose               member banks, the Board, under the
                                            the 2025 Policy Statement.                                no significant risk to the Deposit                    2025 Policy Statement, will consider
                                                                                                      Insurance Fund; and (ii) the insured                  whether the uninsured state member
                                            A. Legal Authority                                        state member bank is, and continues to                bank would be capable of engaging in
                                               Under section 9(13) of the Act, the                    be, in compliance with applicable                     such activity in a manner that is
                                            Board ‘‘may limit the activities of State                 capital standards prescribed by the                   consistent with bank safety and
                                            member banks and subsidiaries of State                    Board.10                                              soundness and preserving the stability
                                            member banks in a manner consistent                          If an activity is authorized for national
                                                                                                                                                            of the U.S. financial system. The Board
                                            with section 24 of the [FDIA].’’ 6 Section                banks to conduct as principal, it is
                                                                                                      generally permissible for insured state               may consider (i) the regulatory
                                            24 prohibits an insured State bank from
                                                                                                      member banks to conduct as principal,                 framework to which the uninsured state
                                            engaging ‘‘as principal in any type of
                                                                                                      provided the activity is permitted under              member bank is subject; (ii) the risks
                                            activity that is not permissible for a
                                                                                                      relevant state law and the bank adheres               presented by the proposed activities and
                                            national bank unless—(A) the [FDIC]
                                            has determined that the activity would                    to the terms, conditions, and limitations             the bank’s planned internal controls
                                            pose no significant risk to the Deposit                   placed on national banks by the OCC                   framework to address such risks; and
                                            Insurance Fund; and (B) the State bank                    with respect to the activity.                         (iii) how the institution would mitigate
                                            is, and continues to be, in compliance                    Furthermore, if the FDIC, by rule,                    the risks otherwise addressed by deposit
                                            with applicable capital standards                         permits insured state-chartered banks to              insurance and FDIC resolution. Among
                                            prescribed by the appropriate Federal                     engage in the activity as principal even              other things, the Board may consider
                                            banking agency.’’ 7                                       if that activity is not permissible for               whether the uninsured state member
                                               The National Bank Act enumerates                       national banks, it is generally                       bank has a financial profile that is at
                                            certain powers that national banks may                    permissible for insured state member                  least as effective as deposit insurance in
                                            exercise and authorizes national banks                    banks to engage in the activity as                    minimizing the risk of deposit runs and
                                            to exercise ‘‘all such incidental powers                  principal, provided the activity is                   contagion. This may, for example, be
                                            as shall be necessary to carry on the                     permitted under state law. If there is no             demonstrated if the uninsured state
                                            business of banking.’’ 8 Section 7.1000                   authority for an insured state-chartered              member bank has (i) a sufficient amount
                                            of the OCC’s regulations identifies the                   bank to engage in a particular activity as            of total loss-absorbing capacity
                                            criteria that the OCC uses to determine                   principal under federal statute or part               (consisting of capital and long-term
                                            whether an activity is authorized as part                 362 of the FDIC’s regulations, an                     debt) that is subordinate to the bank’s
                                            of, or incidental to, the business of                     insured state member bank should                      deposits and other short-term liabilities;
                                            banking under 12 U.S.C. 24(Seventh).9 If                  apply to the FDIC for permission to                   or (ii) high-quality liquid assets equal to
                                                                                                      engage in the activity as principal under             100 percent of the bank’s demand
                                               5 See, e.g., Press Release: Federal Reserve Board      part 362 of the FDIC’s regulations.11                 deposits and other short-term liabilities.
                                            announces the withdrawal of guidance for banks            Furthermore, if the FDIC has permitted                The Board may also consider whether
                                            related to their crypto-asset and dollar token
                                            activities and related changes to its expectations for
                                                                                                      only specific insured state-chartered                 the uninsured state member bank has a
                                            these activities (Apr. 24, 2025), available at https://   bank(s) to engage in the activity as                  resolution plan that demonstrates how
                                            www.federalreserve.gov/newsevents/pressreleases/          principal, other insured state-chartered              the bank could be recapitalized or
                                            bcreg20250424a.htm; Press Release, Federal                banks must similarly apply to the FDIC
                                            Reserve Board announces it will sunset its novel
                                                                                                                                                            wound down in an orderly manner if it
                                            activities supervision program and return to
                                                                                                      for specific permission.                              fails to remain a viable going concern.
                                            monitoring banks’ novel activities through the               An uninsured state member bank may
                                            normal supervisory process (Aug. 15, 2025),               not engage in any activity as principal                 12 12 CFR 208.3(d)(2).
                                            available at https://www.federalreserve.gov/              that is not authorized for national banks

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                                                                                                                                                               13 Uninsured state member banks must receive
                                            newsevents/pressreleases/bcreg20250815a.htm.
                                               6 12 U.S.C. 330 (as amended by Federal Deposit
                                                                                                      or insured state-chartered banks, unless              approval from the Board for permission to conduct
                                                                                                      the Board has provided otherwise by                   an activity as principal, if the FDIC has permitted
                                            Insurance Corporation Improvement Act of 1991                                                                   the activity only for specific insured state bank(s).
                                            § 303(b), Public Law 102–242, 105 Stat. 2236, 2353).      regulation, order, or other means, or the             In such case, the fact that the FDIC has approved
                                               7 12 U.S.C. 1831a(a). See 12 CFR part 362.
                                                                                                                                                            at least one insured state-chartered bank to engage
                                               8 12 U.S.C. 24(Seventh).                                10 12 U.S.C. 1831a(a)(1).
                                                                                                                                                            in the activity would be highly pertinent to the
                                               9 12 CFR 7.1000.                                        11 See 12 CFR part 303, subpart G.                   Board’s analysis.

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                                                             Federal Register / Vol. 90, No. 243 / Monday, December 22, 2025 / Rules and Regulations                                             59733

                                            III. Regulatory Analyses                                  Authority: 12 U.S.C. 24, 36, 92a, 93a,                 (d) If an activity is authorized for
                                                                                                    248(a), 248(c), 321–338a, 371d, 461, 481–486,         national banks to conduct as principal,
                                               This rule clarifies how the Board                    601, 611, 1814, 1816, 1817(a)(3), 1817(a)(12),
                                            interprets and intends to exercise its                                                                        it is generally permissible for State
                                                                                                    1818, 1820(d)(9), 1833(j), 1828(o), 1831,
                                            discretion under section 9(13) of the                   1831o, 1831p–1, 1831r–1, 1831w, 1831x,                member banks to conduct as principal,
                                            Act. It is not itself binding on state                  1835a, 1882, 2901–2907, 3105, 3310, 3331–             provided that it is permitted under
                                            member banks. Accordingly, the                          3351, 3905–3909, 5371, and 5371 note; 15              relevant State law and the bank adheres
                                            provisions of the Administrative                        U.S.C. 78b, 78I(b), 78l(i), 780–4(c)(5), 78q,         to the terms, conditions, and limitations
                                            Procedure Act (APA) regarding notice of                 78q–1, 78w, 1681s, 1681w, 6801, and 6805;             placed on national banks by the OCC
                                            proposed rulemaking and opportunity                     31 U.S.C. 5318; 42 U.S.C. 4012a, 4104a,               with respect to the activity.
                                                                                                    4104b, 4106, and 4128.
                                            for public participation are not                                                                                 (e) If the FDIC, by rule, permits
                                            applicable.14                                           Subpart J—Interpretations                             insured State-chartered banks to engage
                                               Because no notice of proposed                                                                              in any activity as principal under
                                            rulemaking is required to be issued, or                 ■ 2. Revise § 208.112 to read as follows:             section 24 of the Federal Deposit
                                            has been issued, in connection with this                                                                      Insurance Act that is not permissible for
                                            rule, it is not a ‘‘rule’’ for purposes of              § 208.112. Policy statement on section
                                                                                                    9(13) of the Federal Reserve Act.                     national banks, it is generally
                                            the Regulatory Flexibility Act, and that
                                                                                                       (a) Under section 9(13) of the Federal             permissible for State member banks to
                                            act, therefore, does not apply.15
                                               In accordance with the Paperwork                     Reserve Act (12 U.S.C. 330), a State                  engage in that activity, provided it is
                                            Reduction Act of 1995 (PRA),16 the                      member bank may exercise all corporate                permitted under applicable State law. If
                                            Board may not conduct or sponsor, and                   powers granted it by the State in which               there is no authority for an insured
                                            a respondent is not required to respond                 it was created except that the Board may              State-chartered bank to engage in a
                                            to, an information collection unless it                 limit the activities of State member                  particular activity as principal under
                                            displays a currently valid Office of                    banks and subsidiaries of State member                Federal statute or part 362 of the FDIC’s
                                            Management and Budget control                           banks in a manner consistent with                     regulations, that activity must be
                                            number. The Board has reviewed the                      section 24 of the Federal Deposit                     authorized for insured depository
                                            rule and has determined that it contains                Insurance Act.’’ The Board interprets                 institutions by the FDIC under section
                                            no collections of information as defined                this provision as vesting in the Board                24 of the Federal Deposit Insurance Act
                                            in the PRA.                                             the authority to prohibit or otherwise                (12 U.S.C. 1831a) and the insured State
                                               Section 722 of the Gramm-Leach-                      restrict State member banks and their                 member bank must be in compliance
                                            Bliley Act 17 requires the federal                      subsidiaries from engaging as principal               with applicable capital requirements
                                            banking agencies to use plain language                  in any activity (including acquiring or               issued by the Board.
                                            in all proposed and final rules                         retaining any investment) that is not
                                                                                                                                                             (f) An uninsured State member bank
                                            published after January 1, 2000. The                    permissible for a national bank, unless
                                                                                                    the activity is permissible for State-                may not engage in any activity as
                                            Board has sought to present this rule in
                                                                                                    chartered banks by Federal statute or                 principal that is not authorized for
                                            a simple and straightforward manner.
                                               The APA does not require the Board                   under section 24(a) of the Federal                    national banks or insured State-
                                            to delay the effective date of the rule.18              Deposit Insurance Act.                                chartered banks, unless the Board has
                                            Accordingly, the rule is effective                         (b) The Board generally believes that              provided otherwise by regulation, order,
                                            December 22, 2025.                                      the same activity, presenting the same                or other means, or the uninsured State
                                                                                                    risks, should be subject to the same                  member bank has received the
                                            List of Subjects in 12 CFR Part 208                     regulatory framework, and that a                      permission of the Board under
                                              Accounting, Agriculture, Banks,                       different activity, presenting different              § 208.3(d)(2) of the Board’s Regulation
                                            banking, Confidential business                          risks, should be subject to a different               H. In determining whether to grant an
                                            information, Consumer protection,                       regulatory framework. Consistent with                 uninsured state member bank or an
                                            Crime, Currency, Federal Reserve                        this principle, the Board intends to                  uninsured State-chartered bank
                                            System, Flood insurance, Insurance,                     interpret section 9(13) of the Federal                applicant for membership permission to
                                            Investments, Mortgages, Reporting and                   Reserve Act (12 U.S.C. 330) to facilitate             engage in an activity as principal that is
                                            recordkeeping requirements, Securities.                 innovation by insured and uninsured                   not permissible for insured State
                                                                                                    State member banks in a manner                        member banks, the Board will consider
                                            Authority and Issuance
                                                                                                    consistent with safety and soundness of               whether the uninsured State member
                                              For the reasons stated in the                         State member banks and preserving the                 bank would be capable of engaging in
                                            preamble, the Board of Governors of the                 stability of the U.S. financial system.               such activity in a safe and sound
                                            Federal Reserve System amends part                         (c) In alignment with this principle,              manner and in a manner that is
                                            208 of chapter II of title 12 of the Code               the Board generally presumes that it                  consistent with preserving the stability
                                            of Federal Regulations as follows:                      will exercise its discretion under section            of the U.S. financial system.
                                                                                                    9(13) of the Federal Reserve Act (12
                                            PART 208—MEMBERSHIP OF STATE                            U.S.C. 330) to limit the authority of                   By order of the Board of Governors of the
                                            BANKING INSTITUTIONS IN THE                             insured State member banks and their                  Federal Reserve System.
                                            FEDERAL RESERVE SYSTEM                                  subsidiaries to engage in any activity as             Benjamin W. McDonough,
                                            (REGULATION H)                                          principal to those activities that are                Deputy Secretary of the Board.
                                                                                                    permissible for national banks—in each                [FR Doc. 2025–23548 Filed 12–19–25; 8:45 am]
                                            ■ 1. The authority citation for part 208
                                                                                                    case, subject to the terms, conditions,

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                                            continues to read as follows:                                                                                 BILLING CODE 6210–01–P
                                                                                                    and limitations placed on national
                                              14 5 U.S.C. 553(b)(4)(A).                             banks with respect to the activity—
                                              15 See 5 U.S.C. 601(2).                               unless those activities are permissible
                                              16 44 U.S.C. 3501 et seq.                             for insured State-chartered banks under
                                              17 12 U.S.C. 4809.                                    section 24 of the Federal Deposit
                                              18 See 5 U.S.C. 553(d)(2).                            Insurance Act.

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