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OCC Finalizes GENIUS Act Stablecoin Rule for Federally Supervised Issuers, Effective Jan. 18, 2027

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Why it matters

The Office of the Comptroller of the Currency issued a final rule on October 21, 2026, implementing the GENIUS Act's framework for payment stablecoins under its jurisdiction. The rule sets federal standards for issuance, reserves, redemption, custody, capital, supervision, and licensing, and it takes effect January 18, 2027, the same day the GENIUS Act's requirements take effect. The rule will likely cover most permitted payment stablecoin issuers (PPSIs), especially the largest. Under the final rule, a nonbank state-qualified issuer that crosses $10 billion in outstanding issuance must notify the OCC within five calendar days and then has 360 days to either move under OCC oversight or stop net new issuance. The OCC changed several elements from its March 2026 proposal. It kept a principles-based reserve standard but dropped the safe harbor, retaining only two quantitative floors: 5% daily liquidity and a 40% single-counterparty limit. It also dropped the proposal's rebuttable presumption that certain affiliate and related-party arrangements violate the GENIUS Act's ban on paying interest or yield. The rule does not bar foreign-issuer or multi-brand structures and does not impose a one-brand-per-issuer requirement, which the OCC acknowledged the statute does not clearly mandate. The agency received roughly 328 comments on the proposal.

Several points remain open. Details of the specific transition filings are not yet public. Existing issuers with a substantially complete application pending on or before January 18, 2027, may request a written waiver. The OCC has said it generally expects to waive the prior approval requirement for existing U.S. issuers with pending applications, but it sees no general basis to waive other requirements. Which applicants qualify, and on what terms, will depend on individual decisions. The rule's interaction with state regimes also depends on whether states adopt substantially similar frameworks. As of October 28, 2026, the OCC is the only primary federal payment stablecoin regulator to finalize its rules. The Stablecoin Certification Review Committee has adopted interim procedures, and nearly every other implementing rulemaking remains at the proposal stage.

Attorneys advising issuers, banks, or their partners should treat January 18, 2027 as a hard deadline. The statute has no phase-in, so issuing payment stablecoins in the U.S. without approval as a PPSI, either from the OCC or from a state regulator under a substantially similar regime, will be unlawful after that date. Clients with pending applications should confirm that their filings are substantially complete and consider whether a written waiver request is needed. Issuers approaching the $10 billion threshold should calendar the five-day notice requirement and the 360-day window. Business models with affiliate arrangements that pay yield should be reviewed now, since the rebuttable presumption is gone but the statutory ban remains. Watch for the OCC's waiver decisions and for final rules from other federal regulators, which will determine whether the OCC's framework is the only one in effect for a while.

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