The US Federal Reserve, Federal Deposit Insurance coverage Company (FDIC), and the Workplace of the Comptroller of the Foreign money (OCC) warned banks in regards to the dangers concerned with crypto in a joint assertion on Jan. 3.
The assertion famous that the previous 12 months noticed excessive volatility in crypto costs and uncovered vulnerabilities within the sector. Due to this fact, the regulatory authorities highlighted some key dangers banks needs to be cautious of whereas coping with crypto.
The authorities famous that the danger of fraud and scams amongst crypto corporations may probably have an effect on banks coping with such corporations. As well as, the newest chapter of FTX and fraud allegations in opposition to its founder Sam Bankman-Fried (SBF), may have probably motivated the regulators to warn banks in opposition to such dangers.
The assertion mentioned that banks must also watch out for dangers arising from authorized uncertainty round crypto custody companies, redemptions, and possession rights.
The regulators warned that crypto corporations would possibly present fraudulent disclosures and representations to banks. This might embrace misrepresentations about federal deposit insurance coverage and different “unfair, misleading, or abusive” practices that may hurt shoppers.
The regulators have been referring to defunct crypto trade Voyager Digital’s deceptive statements about FDIC protection. In consequence, on July 28, 2022, FDIC warned Voyager Digital to stop misrepresenting information about FDIC insurance coverage protection of consumer funds.
On the time of bankruptcy filing, Voyager had assured customers would get again the USD that Voyager deposited with the FDIC-insured Metropolitan Business Financial institution. Nonetheless, the financial institution later clarified that the consumer deposits are FDIC-insured, however the insurance coverage doesn’t shield clients within the case of Voyager’s chapter.
Within the joint assertion, regulators cited the numerous volatility of crypto markets, which might influence the deposit flows of crypto corporations, as a threat for banks. Moreover, the assertion warned that banks holding stablecoin reserves would possibly face vital deposit outflows in case of financial institution runs on the stablecoin.
Moreover, the federal regulators warned in opposition to contagion threat within the crypto sector. The contagion threat arises from the interconnectedness of crypto corporations “by way of opaque lending, investing, funding, service, and operational preparations,” the regulators mentioned.
The domino impact noticed after the Terra-LUNA fiasco, which induced a collection of bankruptcies beginning with hedge fund Three Arrows Capital, proved that crypto corporations are intricately related. This was once more highlighted after FTX and Alameda Analysis’s collapse, after which Genesis and its guardian firm Digital Foreign money Group landed in scorching water.
Based on the regulatory our bodies, this interconnectedness presents “focus dangers” for banks uncovered to cryptocurrencies.
Moreover, the assertion famous that the crypto sector’s threat administration and governance practices are of their infancy and lack “maturity and robustness.” Apart from, decentralized networks lack governance mechanisms, an oversight system, and contracts and requirements that set up roles, tasks, and liabilities.
Furthermore, decentralized methods are weak to hacks and cyber-attacks, outages, and current threat of illicit finance, the authorities warned, including:
“It is necessary that dangers associated to the crypto-asset sector that can not be mitigated or managed don’t migrate to the banking system.”
The federal companies additional said that they’re evaluating any proposals from banks to interact in crypto-related actions. They’re additionally intently supervising banks with crypto publicity. The companies added:
“Given the numerous dangers highlighted by latest failures of a number of massive crypto-asset corporations, the companies proceed to take a cautious and cautious method associated to present or proposed crypto-asset-related actions and exposures at every banking group.”
Nonetheless, the assertion clarified that banks are neither “prohibited nor discouraged” to supply companies to any particular kind of corporations, together with crypto-related companies.
Federal companies proceed to guage whether or not or how banks can conduct crypto-related actions. Based on the assertion, their principal concern is that such actions ought to adequately tackle “security and soundness, shopper safety, authorized permissibility, and compliance with relevant legal guidelines and rules.” This would come with banks adhering to cash laundering, illicit finance, and shopper safety legal guidelines whereas partaking in crypto-related actions.
The companies additional famous:
“… the companies consider that issuing or holding as principal crypto-assets which can be issued, saved, or transferred on an open, public, and decentralized community, or related system is extremely prone to be inconsistent with secure and sound banking practices.”