
Nonbank firms like Circle and Paxos now have federal charters to issue stablecoins. Banks face deposit flight risk as stablecoins compete for transactional balances. Watch OCC approvals and Treasury AML rules.
The GENIUS Act, signed into law by President Donald Trump on July 18, 2025, creates the first comprehensive federal framework for payment stablecoins in the US. Nonbank fintech firms can now issue regulated stablecoins under OCC supervision, putting them in direct competition with traditional banks for deposit-like products. The legislation passed with notable bipartisan support: the Senate approved it 68-30 on June 17, 2025, followed by the House voting 308-122 on July 17.
Issuers must maintain a 1:1 reserve ratio backed by liquid assets such as US dollars or short-term Treasuries. Monthly public disclosures of those reserves are mandatory, along with strict anti-money laundering and sanctions compliance. The law prohibits issuers from paying any interest or yield on the tokens. If an issuer becomes insolvent, token holders receive priority claims in bankruptcy proceedings.
The OCC moved quickly to put the framework into practice. In December 2025, the agency granted conditional national trust bank charters to Circle, Paxos, and three additional nonbank firms. That same month, the FDIC approved proposed rulemaking that would allow banks to issue stablecoins through subsidiaries.
Circle and Paxos now operate under federal supervision, a status that removes much of the regulatory uncertainty that previously kept institutional capital on the sidelines. The conditional charters signal that the OCC is acting faster than many market participants expected. For traders watching the stablecoin space, the pace of new charter approvals is the single most concrete variable to track.
For decades, moving money at scale in America required a bank charter. The GENIUS Act rewrites that rule. Traditional banks hold FDIC insurance and can lend out customer deposits – two structural advantages that have defined American banking for nearly a century. Stablecoin issuers under the GENIUS Act cannot lend against reserves and cannot pay interest. They also do not need the full apparatus of a bank charter to operate. The result is a direct competitive threat to the deposit base that fuels bank lending.
Banks are now lobbying regulators to shape implementation details in their favor. The core concern is deposit flight: if consumers and businesses park funds in stablecoins instead of bank accounts, the traditional deposit base that fuels lending could erode. Stablecoins offer near-instant settlement and programmability – features bank accounts lack. The no-interest rule limits the appeal for yield-seeking depositors. For transactional balances, stablecoins become a direct substitute.
On April 8, 2026, the Treasury proposed anti-money laundering and countering the financing of terrorism requirements for permitted stablecoin issuers. Capital standards and illicit finance rules are still being refined, with discussions expected to continue through 2026. The final shape of these rules will determine how costly it is for nonbanks to comply. If the Treasury imposes capital requirements similar to bank standards, the cost advantage of stablecoin issuance narrows. If the rules are lighter, fintechs gain a permanent edge.
For investors watching this space, the key variables are the pace of new charter approvals, whether banks successfully lobby for restrictions that slow fintech competitors, and how quickly the Treasury finalizes its AML rules. Circle and Paxos already have their conditional charters. The next wave of applicants will test the OCC's capacity and willingness to expand the stablecoin ecosystem.
Stablecoins themselves – particularly USDC and USDP – are the direct beneficiaries of regulatory clarity. Bank stocks, especially regional banks with high deposit concentrations, face headwinds if deposit flight materializes. Private fintech valuations will reflect the new regulatory runway.
For a broader analysis of the deposit battle, see our earlier piece: GENIUS Act Opens $6.6 Trillion Deposit Battle for Banks. The timeline through 2026 is packed with regulatory milestones that will determine whether the GENIUS Act becomes a slow erosion of bank deposits or a rapid rewiring of the payment system.
Prepared with AlphaScala research tooling and grounded in primary market data: live prices, fundamentals, SEC filings, hedge-fund holdings, and insider activity. Each story is checked against AlphaScala publishing rules before release. Educational coverage, not personalized advice.