The FDIC board will review a proposed rule limiting regulators’ use of reputation risk to justify supervisory actions, a move that could curb alleged crypto debanking and change how banks handle client activity tied to digital assets.
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FDIC to weigh a rule restricting regulator reliance on “reputation risk”
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Acting Chair Travis Hill supports reevaluating supervisory approaches for crypto-related banking activities.
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Court records and presidential executive guidance have intensified scrutiny of alleged debanking actions tied to digital assets.
FDIC reputation risk rule could curb crypto debanking and restore banking access for digital-asset firms — read the implications and next steps.
An FDIC meeting will follow up on acting chair Travis Hill’s statements that he would support Trump’s executive order targeting “politicized or unlawful debanking activities.”
What is the FDIC reputation risk rule under consideration?
FDIC reputation risk rule refers to a proposed notice of rulemaking to limit regulators’ use of “reputation risk” as a basis for supervisory action. The rule would narrow when examiners can cite reputation concerns to restrict bank services, potentially affecting crypto-related banking relationships.
How could the proposed rule affect crypto debanking?
Limiting regulator reliance on reputation risk could reduce instances where banks pause or terminate services to crypto firms without clear statutory or regulatory violations. Acting FDIC chair Travis Hill has said the agency will reevaluate supervisory approaches to crypto-related activities to prevent politicized or unlawful debanking.
The FDIC’s October notice asks its board to consider a formal notice of proposed rulemaking “regarding prohibition on use of reputation risk by regulators.” While the agenda item did not specifically mention digital assets, industry leaders view the move as directly relevant to ongoing crypto banking access concerns.
In public statements and agency memos, the term “reputation risk” has been cited by regulators during supervisory engagements. Court records made public in December via a Freedom of Information Act request show the FDIC asked some institutions to “pause all crypto asset-related activity” in 2022, illustrating how reputation risk language was operationalized in certain reviews.
Why is this rulemaking politically and operationally significant?
President Donald Trump’s August executive order on “guaranteeing free banking” framed reputation risk as a tool that can lead to “politicized or unlawful debanking.” The executive order did not name digital assets but elevated concerns from the crypto sector that access to U.S. banking was restricted because of industry ties to crypto.
Allegations of coordinated pressure on banks—sometimes labeled “Operation Chokepoint 2.0” by critics—became a campaign issue during the 2024 election. After the administration change, the FDIC signaled a review of past supervisory approaches, and acting chair Travis Hill has advocated clearer limits on reputation-based supervisory actions.
When will the FDIC board decide and what are next steps?
The board is scheduled to discuss the notice of proposed rulemaking at its upcoming meeting. If the board approves publication, the agency would publish the notice, open a public comment period, and then consider adopting a final rule—typically a process that can take months depending on comment volume and interagency coordination.
Frequently Asked Questions
Will the FDIC rule immediately restore banking access for crypto firms?
No. A proposed rule must go through notice-and-comment. Even if finalized, banks retain their own compliance and risk-management obligations; changes to supervisory guidance reduce one regulatory justification for service restrictions but do not automatically compel banks to onboard specific clients.
Did regulators explicitly instruct banks to stop crypto activity in the past?
Publicly available court records and agency documents indicate that regulators sought pauses or heightened scrutiny on crypto-related activities in 2022. These actions contributed to industry claims of restricted banking access, though regulators have cited safety, soundness, and compliance concerns as their rationale.
How does the ongoing US government shutdown affect the FDIC rulemaking?
The US government shutdown has limited operations at several financial regulators, but the FDIC stated it will remain “open and operational.” Timelines for formal rulemaking could still be affected by interagency coordination and staffing constraints outside the FDIC.
Key Takeaways
- Proposed rule: FDIC is considering a rule to curb use of “reputation risk” by regulators.
- Crypto impact: The rule could reduce one supervisory justification for banks to restrict crypto clients, but it does not force banks to onboard clients.
- Process: If published, the rule will enter a notice-and-comment period before any final adoption; timelines may extend depending on public input and coordination.
Conclusion
COINOTAG reports that the FDIC’s proposed limitation on regulator use of reputation risk marks a pivotal step in addressing allegations of crypto debanking. While the rule could change supervisory behavior, industry access to banking will depend on final rule language, bank compliance frameworks, and future supervisory guidance. Monitor the FDIC notice-and-comment process for updates.
