OCC Proposes Rules to Implement GENIUS Act for Payment Stablecoin Issuers, United States, March 2026

On March 2, 2026, the Office of the Comptroller of the Currency published a notice of proposed rulemaking (NPRM) in the Federal Register at 91 FR 10202, Document No. 2026-04089, titled "Implementing the Guiding and Establishing National Innovation for U.S. Stablecoins Act for the Issuance of Stablecoins by Entities Subject to the Jurisdiction of the Office of the Comptroller of the Currency." The proposed rule would amend 12 CFR Parts 3, 6, 8, 15, and 19. Comments must be received by May 1, 2026. The rulemaking is at the proposed stage; no final rule has been adopted.

The OCC proposes to implement the GENIUS Act by establishing requirements for OCC-supervised entities — national banks and federal savings associations — that issue payment stablecoins. The Docket ID is OCC-2025-0372 and the Regulatory Information Number is RIN 1557-AF41. The proposed rule addresses the conditions under which an OCC-supervised entity may issue payment stablecoins, and covers permissible business activities, capital and liquidity requirements, and risk management standards applicable to stablecoin issuance operations. The OCC stated it will address anti-money laundering and sanctions requirements in a separate rulemaking coordinated with the U.S. Department of the Treasury.

National banks and federal savings associations that seek to issue payment stablecoins must determine whether they can satisfy the forthcoming requirements under 12 CFR Parts 3, 6, 8, 15, and 19 as amended, including any revised capital calculations, liquidity buffers, and operational controls associated with stablecoin activities. Non-bank stablecoin issuers and technology companies offering stablecoin infrastructure to banks must assess whether their arrangements with OCC-supervised entities will require modification once the final rule takes effect. State-chartered banks and credit unions, which fall outside the OCC's jurisdiction for this rulemaking, should monitor separate regulatory action by other prudential regulators under the GENIUS Act's framework.

The comment period closes May 1, 2026. AML and sanctions requirements will be addressed in a separate OCC rulemaking in coordination with Treasury. Final rules from other prudential regulators for non-OCC entities under the GENIUS Act are pending. The proposed rule applies only to stablecoin issuance by OCC-supervised entities; it does not directly regulate crypto asset exchanges or wallet providers. The interplay between this proposed rule and the CFTC's December 2025 tokenized collateral guidance for payment stablecoins presents open questions about the regulatory perimeter for entities that both issue stablecoins and provide them as derivatives margin.

Prokopiev Law Group advises clients on stablecoin regulatory compliance, GENIUS Act implementation, and OCC-supervised banking activities, with a dedicated partner network for U.S. banking and digital asset regulation matters. Contact us to discuss comment submissions or compliance planning. Our work in this area covers payment stablecoin issuance structuring, GENIUS Act licensing analysis, OCC capital and liquidity requirements for crypto activities, AML program design for stablecoin issuers, and bank-fintech partnership compliance.

Source: Office of the Comptroller of the Currency, "Implementing the Guiding and Establishing National Innovation for U.S. Stablecoins Act for the Issuance of Stablecoins by Entities Subject to the Jurisdiction of the Office of the Comptroller of the Currency," 91 FR 10202, March 2, 2026. Docket ID OCC-2025-0372, RIN 1557-AF41. Official URL: https://www.federalregister.gov/documents/2026/03/02/2026-04089/implementing-the-guiding-and-establishing-national-innovation-for-us-stablecoins-act-for-the. Confirmed March 24, 2026.

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