OCC Confirms Banks Can Act as Intermediaries in Crypto Transactions

Bitcoin Magazine

OCC Confirms Banks Can Act as Intermediaries in Crypto Transactions

The Office of the Comptroller of the Currency (OCC) has clarified that national banks may engage in “riskless principal” transactions involving crypto-assets.

In its new Interpretive Letter 1188, the OCC explained that such transactions allow a bank to act as a principal between two customers, buying crypto from one while simultaneously selling it to another. 

The bank does not hold the assets in inventory, effectively serving as a broker acting on behalf of clients.

This guidance follows a broader regulatory trend to ease restrictions on crypto activities within the traditional banking sector. In March, the OCC removed prior requirements for banks to seek advance approval before engaging in certain crypto operations, signaling growing acceptance of digital assets in mainstream finance.

In other words, U.S. banks can now offer crypto services in a manner similar to traditional brokerage activities. 

Last week, Bank of America announced it would allow wealth management clients to allocate 1%–4% of their portfolios to digital assets.

The guidance applied across Merrill, Bank of America Private Bank, and Merrill Edge, enabling more than 15,000 advisers—previously restricted—to recommend crypto proactively. 

Also, earlier today, PNC Bank became the first major U.S. bank to offer eligible Private Bank clients direct bitcoin trading through its own platform, powered by Coinbase’s infrastructure. The service allowed qualified clients to buy, hold, and sell bitcoin without using an external exchange. 

The launch followed a strategic partnership with Coinbase announced in July.

Full OCC letter details

In essence, the letter basically confirmed that national banks may engage in ‘riskless principal transactions’ in crypto-assets. 

Per the letter, a riskless principal transaction occurs when a bank buys an asset from one counterparty with the simultaneous agreement to sell it immediately to another, without holding the asset in inventory except in rare cases like settlement failures. 

In this role, the bank functions similarly to a broker, taking on limited settlement, market, and credit risk.

The letter made a distinction between crypto-assets that are securities and those that are not. Riskless principal transactions in crypto-assets classified as securities are already permissible under existing law, as the bank acts without recourse, meaning it does not assume customer risk.

The OCC extends this reasoning to crypto-assets that are not securities, framing the activity as part of the broader “business of banking.” 

Under U.S. law, the business of banking is not narrowly defined, allowing banks to engage in new activities that logically extend their traditional functions.

The OCC analyzed the activity using four factors: its similarity to recognized banking activities, its benefit to banks and customers, the nature of the risks involved, and whether state-chartered banks are authorized to perform it. 

Riskless principal crypto-asset transactions align with traditional brokerage and custody services, benefit customers by providing regulated access to crypto-assets, and carry risks familiar to banks, such as settlement risk. 

State regulatory frameworks do not prohibit similar activity, supporting the federal permissibility.

This post OCC Confirms Banks Can Act as Intermediaries in Crypto Transactions first appeared on Bitcoin Magazine and is written by Micah Zimmerman.