The GENIUS Act passed in the US Senate yesterday with a 68 to 30 vote. The bill now moves to the House, where it’s up against the STABLE Act. This means that the House will need to choose between passing the GENIUS Act at face value or passing and reconciling the STABLE Act.
For financial services, the GENIUS Act is a big deal. That’s because it is not only the first stablecoin legislation to gain real bipartisan traction, but it will also serve as a foundation for the US to begin a digital asset ecosystem. Overall, there are four major implications the bill has on banks.
Stablecoins gain legitimacy and clarity
As a decentralized finance tool, stablecoins have long been grouped together with their crypto cousin bitcoin. Because of this, many traditional financial institutions in the US have shied away from associating themselves with stablecoins.
The GENIUS Act, however, offers both banks and fintechs a clearer legal framework to issue and use stablecoins since it outlines requirements for licensing, reserves, and oversight. Having regulation on their side reduces regulatory uncertainty and will encourage financial institutions to adopt the new payments tool and leverage stablecoins for new use cases. Reducing ambiguity around compliance and risk will also benefit firms exploring tokenization.
Banks may face new competition from Special Purpose Depository Institutions
The Senate version of the bill includes a controversial provision allowing Special Purpose Depository Institutions (SPDIs), such as Kraken, to operate across US states without the approval of each host state’s banking regulator.
If the bill is successful, it will allow fintechs with SPDI licenses to gain a regulatory shortcut because they do not need to comply with capital and liquidity requirements. This may erode the role of traditional banks in certain payment and custody markets and may not be a positive change.
“That is a pretty significant expansion of special purpose depository institutions,” Klaros Group Partner Michele Alt told American Banker. “I would ask, what else could you create as a special depository institution? How could this be used?”
Notably, however, even though the bill has passed through the Senate, the House’s version of the stablecoin bill doesn’t include a similar provision. This means that if the bill does pass through the House, the House and the Senate will need to convene for a conference to come to an agreement.
Rising expectations for real-time money movement
While consumers already expect many things in real-time, the GENIUS Act adds more pressure for banks and fintechs to deliver faster, more programmable payments. The bill will enable regulated stablecoins and essentially facilitate real-time settlement, 24/7 money movement, and programmable financial interactions.
This method of funds transfer won’t rely on traditional rails like ACH, wires, or even FedNow. If end users and businesses get accustomed to real-time, programmable payments, their expectations may be permanently shifted, requiring banks to keep up.
This adjustment would be tricky for banks, as many would need to invest in infrastructure that supports tokenized payments, smart contracts, and on-chain compliance.
Banks need to stay agile
If the House does not pass the GENIUS Act, it can advance its own bill in the form of the STABLE Act or negotiate a compromise. Either way, regulatory change is clearly in motion. Banks and fintechs should closely monitor the developments and begin scenario planning now. Whether it’s the GENIUS Act, the STABLE Act, or a hybrid outcome, stablecoin regulation is on the horizon. Those who prepare early will be best positioned to compete in a tokenized financial future.
Photo by Andrew George on Unsplash
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