- Topic: GENIUS Act
6 matches.
The GENIUS Act is defining how payment stablecoins are issued, regulated, and supervised in the United States. Understanding this evolving framework is critical for banks, fintechs, and other market participants navigating the digital assets landscape. Our rulemaking and reporting tracker is designed to help follow what’s coming, which agency is issuing rules, and when rules take effect.
On March 17, 2026, the Securities and Exchange Commission (the “Commission”), joined by the Commodity Futures Trading Commission (the “CFTC”), issued a comprehensive interpretive release (the “Interpretation”) that provides long-awaited clarity on the application of federal securities laws to crypto assets.
- Volume 78, No. 4 and Volume 79, No. 1 (2026)Consumer Finance Law Quarterly Report
Chapman senior counsel Judy Chen authored an article published in the Consumer Finance Law Quarterly Report (2025 Volume 78 No. 4), offering an in-depth look at the comprehensive federal regulatory regime for payment stablecoins enacted last year.
On February 25, 2026, the Office of the Comptroller of the Currency (“OCC”) issued a Notice of Proposed Rulemaking (the “NPR”) to implement the Guiding and Establishing National Innovation for US Stablecoins Act (the “GENIUS Act”), setting out proposed regulations for the issuance of and activities related to payment stablecoins by entities under the OCC’s jurisdiction. The NPR covers areas of required rulemaking by the OCC under the GENIUS Act and seeks comments on over 200 questions during a 60-day comment window ending on May 1, 2026. Each area of the NPR warrants in-depth analysis, but we highlight key provisions and encourage submission of comments to the OCC to address areas of strategic importance.
In a flurry of pre-recess activity, Congress recently made headway on two pieces of legislation with significant impacts for the digital asset industry, the Guiding and Establishing National Innovation for US Stablecoins Act (the “GENIUS Act”), which passed both chambers of Congress and was signed into law by the President on July 18, 2025, and the Digital Asset Market Clarity Act of 2025 (the “CLARITY Act”), which has thus far only passed the House but builds upon components of earlier legislative efforts in both the House and Senate. Alongside, the House also passed the Anti-CBDC Surveillance State Act, which prohibits the Federal Reserve from issuing a central bank digital currency, part of the President’s directives in Executive Order 14067. Separately, the federal banking regulators released joint guidance to their respective federally chartered institutions on how to engage in safekeeping of crypto assets.
These developments include codification of many industry best practices and signals the intention of this Congress and administration to establish legal predictability and comfort for crypto and digital asset industry participants as well as their closely adjacent traditional banking and financial services partners.
On April 4, 2025, the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (the “SEC”) issued a statement (“Statement”) that the offer and sale of “Covered Stablecoins,” as defined by Corp Fin, does not involve the offer and sale of securities within the meaning of Section 2(a)(1) of the Securities Act of 1933 (the “Securities Act”) or Section 3(a)(10) of the Securities Exchange Act of 1934 (the “Exchange Act”). Accordingly, Corp Fin stated that “persons involved in the process of ‘minting’ (or creating) and redeeming Covered Stablecoins do not need to register those transactions with the SEC under the Securities Act or fall within one of the Securities Act’s exemption from registration.”