U.S. FDIC Prepares Stablecoin Regulation Proposal under GENIUS Act
Key Takeaways:
- The U.S. FDIC is set to propose rules for stablecoin issuers, as part of the GENIUS Act, aiming for regulation before year-end.
- These proposals include frameworks for handling issuers seeking federal oversight and address requirements for capital and liquidity.
- The initiative reflects broader efforts by multiple federal agencies, including the Federal Reserve, to establish comprehensive stablecoin regulations.
- Recent developments reveal ongoing regulatory discussions on tokenized deposits and potential impacts on the digital asset market.
WEEX Crypto News, 2025-12-02 12:27:02
Introduction to GENIUS Act and FDIC’s Role
As the financial landscape continues to embrace digital currencies, regulatory bodies are increasingly stepping in to establish frameworks ensuring stability and security within the sector. A crucial move in this direction is the upcoming proposal by the U.S. Federal Deposit Insurance Corporation (FDIC) under the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. The GENIUS Act serves as a pivotal legislative effort, aiming to outline standards for stablecoin issuers, thereby promoting innovation while safeguarding the financial integrity.
The FDIC’s acting chairman, Travis Hill, is preparing to present this proposed rule before the House Financial Services Committee. The proposal intends to set a foundation for stablecoin issuers seeking federal oversight—a necessary step towards integrating stablecoins within the broader financial system under regulated supervision.
Regulatory Framework and Objectives
The GENIUS Act underscores a multi-faceted approach towards regulation, involving several federal and state entities. As Hill prepares for his testimony, he emphasizes that the FDIC’s initial focus will be on issuing proposals for applications concerning federal oversight of stablecoin issuers. The FDIC is tasked with drafting rules pertaining to capital and liquidity requirements essential for banks desiring to issue stablecoins.
Capital requirements aim to ensure that issuers maintain sufficient reserves to back their stablecoins, thus mitigating risks of insolvency or financial distress. Liquidity standards, on the other hand, are crucial for enabling issuers to meet redemption demands without disrupting the broader financial ecosystem.
The proposal will also delve into the quality of reserves issuers must set aside, ensuring they are sufficient to cover all outstanding liabilities. This step is critical in preventing a systemic failure that could arise from a loss of confidence in issuers’ ability to honor redemptions.
Multi-Agency Collaboration
The coordinated effort doesn’t stop with the FDIC. The Department of the Treasury, alongside other regulatory bodies, is simultaneously working on fulfilling their respective duties under the GENIUS Act. This collaborative approach aims to ensure a seamless integration of regulations, thus avoiding potential conflicts or overlaps in policy implementation.
Federal Reserve Vice Chair for Supervision Michelle Bowman has indicated that the central bank is also focused on developing regulations covering capital, liquidity, and diversification for stablecoin issuers. These efforts highlight the broad spectrum of regulatory considerations necessary to establish a robust and sustainable regulatory framework for stablecoins.
Public Engagement and Commenting Process
The regulatory process under the GENIUS Act includes a provision for public comments on the proposals issued by federal agencies like the FDIC. Public engagement is vital, offering a platform for industry stakeholders to express concerns, insights, or support for proposed rules. Typically spanning several months, this period allows regulators to gather comprehensive feedback, refine their proposals, and implement well-informed policies.
Broader Regulatory Considerations
Beyond the primary focus on stablecoins, the FDIC is also considering broader regulatory themes related to digital assets. In response to recommendations from the President’s Working Group on Digital Asset Markets, the FDIC is developing guidelines to clarify the regulatory status of tokenized deposits. This initiative seeks to address potential uncertainties surrounding these novel financial instruments, further enhancing market stability and investor confidence.
Historical Context and Future Outlook
Advancements in the crypto space, including the rise of stablecoins, have prompted regulatory bodies across the globe to evaluate their approach to digital assets. Particularly in the United States, the journey towards developing comprehensive regulations has been met with significant challenges and debates.
The GENIUS Act represents a pivotal legislative effort, reflecting ongoing discussions and the necessity for a harmonized regulatory approach. The upcoming House hearing, featuring testimony from various bank and credit union regulators, including Hill and Bowman, underscores the growing importance of stablecoin regulation.
Impact on the Digital Asset Market
The anticipated regulations from the FDIC and other agencies will likely have profound implications for the digital asset market. By enforcing standardized capital and liquidity requirements, regulators aim to bolster confidence in stablecoins as reliable financial instruments. This confidence is crucial for attracting institutional investors and integrating stablecoins into mainstream financial systems.
Furthermore, clearly defined rules for stablecoin issuers can foster innovation by providing a predictable regulatory environment. While compliance may require significant adjustments from issuers, the long-term benefits of a stable and secure market are expected to outweigh these transition costs.
Challenges and Considerations
While the GENIUS Act represents a comprehensive effort to regulate stablecoins, the path towards implementation is not without challenges. Balancing innovation with regulation is a delicate act, as overly cumbersome rules could stifle technological advancements. Conversely, inadequate oversight might lead to systemic vulnerabilities.
Regulatory bodies must consider the dynamic nature of the digital asset market, which is characterized by rapid technological developments and evolving use cases. Staying abreast of these changes is essential for crafting regulations that remain relevant and effective over time.
Conclusion
The FDIC’s forthcoming proposal under the GENIUS Act signifies a monumental step towards regulating stablecoins within the United States. By establishing frameworks for federal oversight, capital, and liquidity requirements, the proposal aims to enhance market stability and foster innovation. As the industry awaits further details, stakeholders can anticipate a transformative impact on the digital asset landscape, paving the way for a more secure and integrated financial ecosystem.
The collaborative efforts between the FDIC, the Federal Reserve, and other agencies reflect a broader commitment towards comprehensive regulation, underscoring the importance of public engagement and transparent policymaking. As these regulatory initiatives unfold, the digital asset community remains vigilant, balancing optimism for growth with the necessity of rigorous oversight.
Frequently Asked Questions
What is the GENIUS Act?
The Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act is a legislative effort focused on establishing regulatory frameworks for stablecoin issuers. It aims to promote innovation while ensuring financial stability by outlining requirements for oversight, capital adequacy, and liquidity standards.
What role does the FDIC play in stablecoin regulation?
The FDIC, a key banking regulator, is responsible for proposing rules under the GENIUS Act for stablecoin issuers seeking federal oversight. Its role includes setting capital and liquidity requirements and ensuring the quality of reserves maintained by issuers.
Why are stablecoin regulations necessary?
Regulations for stablecoins are essential to ensure their stability and reliability as financial instruments. By establishing oversight and standards, such regulations aim to prevent systemic risks and promote market confidence, benefiting both issuers and investors.
How do public comments influence regulatory proposals?
Public engagement provides a platform for stakeholders to share feedback and insights on proposed regulations. This process helps regulators refine their proposals based on comprehensive input, ensuring more effective and balanced policy outcomes.
What impact could stablecoin regulations have on the digital asset market?
By enforcing standardized requirements for stablecoin issuers, regulations are expected to enhance market confidence and attract institutional investors. This could lead to greater integration of stablecoins within mainstream financial systems, fostering innovation while ensuring market stability.
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China's Central Bank and Eight Other Departments' Latest Regulatory Focus: Key Attention to RWA Tokenized Asset Risk
Foreword: Today, the People's Bank of China's website published the "Notice of the People's Bank of China, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, State Administration of Foreign Exchange on Further Preventing and Dealing with Risks Related to Virtual Currency and Others (Yinfa [2026] No. 42)", the latest regulatory requirements from the eight departments including the central bank, which are basically consistent with the regulatory requirements of recent years. The main focus of the regulation is on speculative activities such as virtual currency trading, exchanges, ICOs, overseas platform services, and this time, regulatory oversight of RWA has been added, explicitly prohibiting RWA tokenization, stablecoins (especially those pegged to the RMB). The following is the full text:
To the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, the Xinjiang Production and Construction Corps:
Recently, there have been speculative activities related to virtual currency and Real-World Assets (RWA) tokenization, disrupting the economic and financial order and jeopardizing the property security of the people. In order to further prevent and address the risks related to virtual currency and Real-World Assets tokenization, effectively safeguard national security and social stability, in accordance with the "Law of the People's Republic of China on the People's Bank of China," "Law of the People's Republic of China on Commercial Banks," "Securities Law of the People's Republic of China," "Law of the People's Republic of China on Securities Investment Funds," "Law of the People's Republic of China on Futures and Derivatives," "Cybersecurity Law of the People's Republic of China," "Regulations of the People's Republic of China on the Administration of Renminbi," "Regulations on Prevention and Disposal of Illegal Fundraising," "Regulations of the People's Republic of China on Foreign Exchange Administration," "Telecommunications Regulations of the People's Republic of China," and other provisions, after reaching consensus with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, and with the approval of the State Council, the relevant matters are notified as follows:
(I) Virtual currency does not possess the legal status equivalent to fiat currency. Virtual currencies such as Bitcoin, Ether, Tether, etc., have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed ledger or similar technology, existing in digital form, etc. They do not have legal tender status, should not and cannot be circulated and used as currency in the market.
The business activities related to virtual currency are classified as illegal financial activities. The exchange of fiat currency and virtual currency within the territory, exchange of virtual currencies, acting as a central counterparty in buying and selling virtual currencies, providing information intermediary and pricing services for virtual currency transactions, token issuance financing, and trading of virtual currency-related financial products, etc., fall under illegal financial activities, such as suspected illegal issuance of token vouchers, unauthorized public issuance of securities, illegal operation of securities and futures business, illegal fundraising, etc., are strictly prohibited across the board and resolutely banned in accordance with the law. Overseas entities and individuals are not allowed to provide virtual currency-related services to domestic entities in any form.
A stablecoin pegged to a fiat currency indirectly fulfills some functions of the fiat currency in circulation. Without the consent of relevant authorities in accordance with the law and regulations, any domestic or foreign entity or individual is not allowed to issue a RMB-pegged stablecoin overseas.
(II)Tokenization of Real-World Assets refers to the use of encryption technology and distributed ledger or similar technologies to transform ownership rights, income rights, etc., of assets into tokens (tokens) or other interests or bond certificates with token (token) characteristics, and carry out issuance and trading activities.
Engaging in the tokenization of real-world assets domestically, as well as providing related intermediary, information technology services, etc., which are suspected of illegal issuance of token vouchers, unauthorized public offering of securities, illegal operation of securities and futures business, illegal fundraising, and other illegal financial activities, shall be prohibited; except for relevant business activities carried out with the approval of the competent authorities in accordance with the law and regulations and relying on specific financial infrastructures. Overseas entities and individuals are not allowed to illegally provide services related to the tokenization of real-world assets to domestic entities in any form.
(III) Inter-agency Coordination. The People's Bank of China, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of virtual currency-related illegal financial activities.
The China Securities Regulatory Commission, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of illegal financial activities related to the tokenization of real-world assets.
(IV) Strengthening Local Implementation. The people's governments at the provincial level are overall responsible for the prevention and disposal of risks related to virtual currencies and the tokenization of real-world assets in their respective administrative regions. The specific leading department is the local financial regulatory department, with participation from branches and dispatched institutions of the State Council's financial regulatory department, telecommunications regulators, public security, market supervision, and other departments, in coordination with cyberspace departments, courts, and procuratorates, to improve the normalization of the work mechanism, effectively connect with the relevant work mechanisms of central departments, form a cooperative and coordinated working pattern between central and local governments, effectively prevent and properly handle risks related to virtual currencies and the tokenization of real-world assets, and maintain economic and financial order and social stability.
(5) Enhanced Risk Monitoring. The People's Bank of China, China Securities Regulatory Commission, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration of Foreign Exchange, Cyberspace Administration of China, and other departments continue to improve monitoring techniques and system support, enhance cross-departmental data analysis and sharing, establish sound information sharing and cross-validation mechanisms, promptly grasp the risk situation of activities related to virtual currency and real-world asset tokenization. Local governments at all levels give full play to the role of local monitoring and early warning mechanisms. Local financial regulatory authorities, together with branches and agencies of the State Council's financial regulatory authorities, as well as departments of cyberspace and public security, ensure effective connection between online monitoring, offline investigation, and fund tracking, efficiently and accurately identify activities related to virtual currency and real-world asset tokenization, promptly share risk information, improve early warning information dissemination, verification, and rapid response mechanisms.
(6) Strengthened Oversight of Financial Institutions, Intermediaries, and Technology Service Providers. Financial institutions (including non-bank payment institutions) are prohibited from providing account opening, fund transfer, and clearing services for virtual currency-related business activities, issuing and selling financial products related to virtual currency, including virtual currency and related financial products in the scope of collateral, conducting insurance business related to virtual currency, or including virtual currency in the scope of insurance liability. Financial institutions (including non-bank payment institutions) are prohibited from providing custody, clearing, and settlement services for unauthorized real-world asset tokenization-related business and related financial products. Relevant intermediary institutions and information technology service providers are prohibited from providing intermediary, technical, or other services for unauthorized real-world asset tokenization-related businesses and related financial products.
(7) Enhanced Management of Internet Information Content and Access. Internet enterprises are prohibited from providing online business venues, commercial displays, marketing, advertising, or paid traffic diversion services for virtual currency and real-world asset tokenization-related business activities. Upon discovering clues of illegal activities, they should promptly report to relevant departments and provide technical support and assistance for related investigations and inquiries. Based on the clues transferred by the financial regulatory authorities, the cyberspace administration, telecommunications authorities, and public security departments should promptly close and deal with websites, mobile applications (including mini-programs), and public accounts engaged in virtual currency and real-world asset tokenization-related business activities in accordance with the law.
(8) Strengthened Entity Registration and Advertisement Management. Market supervision departments strengthen entity registration and management, and enterprise and individual business registrations must not contain terms such as "virtual currency," "virtual asset," "cryptocurrency," "crypto asset," "stablecoin," "real-world asset tokenization," or "RWA" in their names or business scopes. Market supervision departments, together with financial regulatory authorities, legally enhance the supervision of advertisements related to virtual currency and real-world asset tokenization, promptly investigating and handling relevant illegal advertisements.
(IX) Continued Rectification of Virtual Currency Mining Activities. The National Development and Reform Commission, together with relevant departments, strictly controls virtual currency mining activities, continuously promotes the rectification of virtual currency mining activities. The people's governments of various provinces take overall responsibility for the rectification of "mining" within their respective administrative regions. In accordance with the requirements of the National Development and Reform Commission and other departments in the "Notice on the Rectification of Virtual Currency Mining Activities" (NDRC Energy-saving Building [2021] No. 1283) and the provisions of the "Guidance Catalog for Industrial Structure Adjustment (2024 Edition)," a comprehensive review, investigation, and closure of existing virtual currency mining projects are conducted, new mining projects are strictly prohibited, and mining machine production enterprises are strictly prohibited from providing mining machine sales and other services within the country.
(X) Severe Crackdown on Related Illegal Financial Activities. Upon discovering clues to illegal financial activities related to virtual currency and the tokenization of real-world assets, local financial regulatory authorities, branches of the State Council's financial regulatory authorities, and other relevant departments promptly investigate, determine, and properly handle the issues in accordance with the law, and seriously hold the relevant entities and individuals legally responsible. Those suspected of crimes are transferred to the judicial authorities for processing according to the law.
(XI) Severe Crackdown on Related Illegal and Criminal Activities. The Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, as well as judicial and procuratorial organs, in accordance with their respective responsibilities, rigorously crack down on illegal and criminal activities related to virtual currency, the tokenization of real-world assets, such as fraud, money laundering, illegal business operations, pyramid schemes, illegal fundraising, and other illegal and criminal activities carried out under the guise of virtual currency, the tokenization of real-world assets, etc.
(XII) Strengthen Industry Self-discipline. Relevant industry associations should enhance membership management and policy advocacy, based on their own responsibilities, advocate and urge member units to resist illegal financial activities related to virtual currency and the tokenization of real-world assets. Member units that violate regulatory policies and industry self-discipline rules are to be disciplined in accordance with relevant self-regulatory management regulations. By leveraging various industry infrastructure, conduct risk monitoring related to virtual currency, the tokenization of real-world assets, and promptly transfer issue clues to relevant departments.
(XIII) Without the approval of relevant departments in accordance with the law and regulations, domestic entities and foreign entities controlled by them may not issue virtual currency overseas.
(XIV) Domestic entities engaging directly or indirectly in overseas external debt-based tokenization of real-world assets, or conducting asset securitization activities abroad based on domestic ownership rights, income rights, etc. (hereinafter referred to as domestic equity), should be strictly regulated in accordance with the principles of "same business, same risk, same rules." The National Development and Reform Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other relevant departments regulate it according to their respective responsibilities. For other forms of overseas real-world asset tokenization activities based on domestic equity by domestic entities, the China Securities Regulatory Commission, together with relevant departments, supervise according to their division of responsibilities. Without the consent and filing of relevant departments, no unit or individual may engage in the above-mentioned business.
(15) Overseas subsidiaries and branches of domestic financial institutions providing Real World Asset Tokenization-related services overseas shall do so legally and prudently. They shall have professional personnel and systems in place to effectively mitigate business risks, strictly implement customer onboarding, suitability management, anti-money laundering requirements, and incorporate them into the domestic financial institutions' compliance and risk management system. Intermediaries and information technology service providers offering Real World Asset Tokenization services abroad based on domestic equity or conducting Real World Asset Tokenization business in the form of overseas debt for domestic entities directly or indirectly venturing abroad must strictly comply with relevant laws and regulations. They should establish and improve relevant compliance and internal control systems in accordance with relevant normative requirements, strengthen business and risk control, and report the business developments to the relevant regulatory authorities for approval or filing.
(16) Strengthen organizational leadership and overall coordination. All departments and regions should attach great importance to the prevention of risks related to virtual currencies and Real World Asset Tokenization, strengthen organizational leadership, clarify work responsibilities, form a long-term effective working mechanism with centralized coordination, local implementation, and shared responsibilities, maintain high pressure, dynamically monitor risks, effectively prevent and mitigate risks in an orderly and efficient manner, legally protect the property security of the people, and make every effort to maintain economic and financial order and social stability.
(17) Widely carry out publicity and education. All departments, regions, and industry associations should make full use of various media and other communication channels to disseminate information through legal and policy interpretation, analysis of typical cases, and education on investment risks, etc. They should promote the illegality and harm of virtual currencies and Real World Asset Tokenization-related businesses and their manifestations, fully alert to potential risks and hidden dangers, and enhance public awareness and identification capabilities for risk prevention.
(18) Engaging in illegal financial activities related to virtual currencies and Real World Asset Tokenization in violation of this notice, as well as providing services for virtual currencies and Real World Asset Tokenization-related businesses, shall be punished in accordance with relevant regulations. If it constitutes a crime, criminal liability shall be pursued according to the law. For domestic entities and individuals who knowingly or should have known that overseas entities illegally provided virtual currency or Real World Asset Tokenization-related services to domestic entities and still assisted them, relevant responsibilities shall be pursued according to the law. If it constitutes a crime, criminal liability shall be pursued according to the law.
(19) If any unit or individual invests in virtual currencies, Real World Asset Tokens, and related financial products against public order and good customs, the relevant civil legal actions shall be invalid, and any resulting losses shall be borne by them. If there are suspicions of disrupting financial order and jeopardizing financial security, the relevant departments shall deal with them according to the law.
This notice shall enter into force upon the date of its issuance. The People's Bank of China and ten other departments' "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" (Yinfa [2021] No. 237) is hereby repealed.

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