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The Unbiased Group Bankers of America (ICBA) is urging the US Workplace of the Comptroller of the Forex (OCC) to reject Coinbase’s software for a nationwide belief firm constitution.
The ICBA is the workplace liable for approving banking functions, and mentioned in a latest letter to the OCC that it “strongly opposes” Coinbase’s software for the constitution by means of its subsidiary, Coinbase Nationwide Belief Firm.
“This software fails to fulfill statutory chartering requirements, presents compounding security and soundness dangers and would set a harmful precedent for the construction of the US banking system,” the workplace mentioned.
Coinbase Constitution Utility Fails To Meet Necessities, Says ICBA
The ICBA argued that Coinbase’s constitution software “fails to fulfill the necessities for the approval” of a nationwide belief financial institution constitution below the Nationwide Financial institution Act (NBA) and the “OCC’s personal rules and requirements.”
“ICBA urges the OCC to disclaim this Utility on a number of impartial grounds, every of which is disqualifying below the OCC’s statutory chartering requirements,” the workplace added.
The ICBA then highlighted “elementary deficiencies” that it says the applying reveals in “at the least three key areas.”
Firstly, the Coinbase subsidiary proposes to depend on the change’s “demonstrably flawed threat and management features” whereas additionally working below a governance construction “that stops impartial oversight,” in line with the ICBA.
The ICBA additionally argued that the Coinbase subsidiary “would battle to attain and keep profitability throughout crypto bear markets” given its “slender focus in particular varieties of digital asset custody.”
It added that the subsidiary’s dad or mum firm, Coinbase, would battle throughout crypto bear markets as nicely because of its excessive focus to the digital asset market, and received’t be capable of present the subsidiary with a lot assist throughout these market downturns.
Lastly, the ICBA argued that the OCC’s “untested receivership framework would battle to resolve an uninsured establishment” that has the proposed scale and “operational complexity” of the Coinbase subsidiary.
Along with the considerations round these three key areas, the ICBA mentioned that there are “vital authorized and procedural points that should be resolved” earlier than Coinbase’s nationwide belief financial institution constitution software will be permitted.
Based on the ICBA, the applying seems to depend on the OCC’s Interpretative Letter 1176, which appears to authorize nationwide belief banks to have interaction in non-fiduciary actions past these which are permitted below 12 U.S.C. § 92a.
The ICBA mentioned that the interpretative letter “was issued with out the general public discover and remark procedures” which are required by the Administrative Process Act (APA). Subsequently, the ICBA argues that the letter “shouldn’t be legally legitimate” as a result of the OCC “can’t lawfully approve actions primarily based on an interpretative letter that violates the APA.”
Coinbase Making an attempt To Bridge The Hole With TradFi
The ICBA’s letter comes after Coinbase utilized for a nationwide belief constitution in October. This transfer is a part of the change’s broader plan to “bridge the hole between the crypto financial system and conventional monetary system,” the agency mentioned in an announcement on the time.
Coinbase added in its assertion that it “has no intention of changing into a financial institution.”
In response to the ICBA’s letter, Coinbase’s chief authorized officer Paul Grewal mentioned on X that the letter is “one other case of financial institution lobbyists attempting to dig regulatory moats to guard their very own.”
Think about opposing a regulated belief constitution since you favor crypto to remain … unregulated. That’s ICBA’s place. It’s one other case of financial institution lobbyists attempting to dig regulatory moats to guard their very own. From undoing a legislation to go after rewards to blocking charters, protectionism… https://t.co/200LCbMGa9
— paulgrewal.eth (@iampaulgrewal) November 4, 2025
“From undoing a legislation to go after rewards to blocking charters, protectionism isn’t shopper safety,” he added.
Different Crypto Corporations Await Discover From US Regulators
Though Coinbase mentioned it doesn’t plan on changing into a financial institution by way of its OCC software, different crypto firms, together with Ripple and Circle, have utilized for nationwide financial institution charters.
That’s after the US authorities handed laws to ascertain a framework for cost stablecoins. Each Ripple and Circle have their very own stablecoins. Ripple gives its RLUSD token which has a market cap of over $1 billion, whereas Circle’s USDC is the second-largest stablecoin out there with a capitalization of over $75 billion.
Greatest stablecoins by market cap (Supply: CoinMarketCap)
Final week, the crypto-native corporations making use of for banking charters obtained pushback from the Financial institution Coverage Institute (BPI), which is a Wall Avenue lobbying group. The BPI focused Coinbase as nicely. Ripple CEO Brad Garlinghouse responded by calling for equal entry for crypto corporations to banking infrastructure.
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