Vol. 1 · 7 Jun 2026
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The GENIUS Act explained: US stablecoin regulation in 2026

The GENIUS Act, signed into law on 18 July 2025, is the United States' first federal framework for payment stablecoins. It requires 100% liquid reserves, monthly public disclosures, Bank Secrecy Act compliance, and a licensed-issuer system split between federal (OCC) and state pathways. Only permitted issuers may offer stablecoins to US persons.

Regulation5 min readUpdated 2026-06-09

The GENIUS Act — the Guiding and Establishing National Innovation for US Stablecoins Act — is the United States' first federal law governing payment stablecoins. President Trump signed it on 18 July 2025, after the Senate passed it 68–30 on 17 June and the House followed 308–122 on 17 July. It makes the US one of a small number of jurisdictions with a full stablecoin statute on the books, alongside the EU's MiCA framework, which took full effect in December 2024.

This article explains what the law actually requires, which agencies enforce it, and who it touches.

What the GENIUS Act covers

The law creates a federal regulatory framework for payment stablecoins — defined as digital assets that an issuer must redeem for a fixed monetary value, designed for payment or settlement. The definition is technology-neutral but squarely targets dollar-pegged tokens like USDC and USDT; it does not extend to floating crypto-assets, securities, or central bank digital currencies.

The law does not apply to stablecoins issued by Federal Reserve banks or foreign central banks.

The licensed-issuer system

The core mechanism is a permitted issuer requirement: only licensed entities may offer a payment stablecoin to US persons. Three categories qualify:

  • Subsidiaries of insured depository institutions — banks that already hold FDIC insurance may charter a stablecoin-issuing subsidiary under their existing federal or state bank charter.
  • Federally qualified nonbank issuers — non-bank companies approved by the Office of the Comptroller of the Currency (OCC). This is the main pathway for fintech issuers like Circle that are not deposit-taking banks.
  • State-qualified issuers — entities licensed under a state framework that the Stablecoin Certification Review Committee (SCRC) has certified as "substantially similar" to federal standards. State issuers are capped at $10 billion in outstanding stablecoins; above that threshold, federal oversight kicks in unless a waiver is granted.

States with existing digital-asset rules receive expedited certification within 180 days of enactment.

Reserve requirements

Every permitted issuer must maintain 100% reserve backing with qualifying liquid assets at all times. The permitted asset classes are:

Asset classNotes
US currencyCash on hand or held at insured institutions
Demand depositsAt FDIC-insured banks (including correspondent-bank deposits)
Treasury securitiesMaturity of 93 days or less
Overnight reposBacked by short-term Treasuries
Qualifying money market fundsInvesting in the above asset classes
Tokenised formsOf any approved asset class

What is prohibited: cryptocurrencies, other securities, and any use of reserves as collateral. Reserves may not be pledged, rehypothecated, or reused for any purpose other than meeting redemption requests or satisfying margin obligations and custodial arrangements.

Monthly disclosures and audits

Issuers must publish monthly reports on their websites, examined by a registered public accounting firm, disclosing:

  • Total outstanding stablecoins
  • Reserve composition, amounts, and average maturity
  • Custodial geography

Officers must certify accuracy to their regulators. Issuers with more than $50 billion in outstanding stablecoins (if not publicly traded) must additionally file annual audited financial statements prepared under GAAP.

Redemption rights

The Act requires issuers to establish timely redemption procedures, publicly disclosed in plain language. Fee changes require at least seven days' prior notice to holders. This is a baseline floor; regulators may add requirements through rulemaking.

Interest prohibition

Issuers may not pay holders any form of interest or yield solely in connection with holding, using, or retaining a payment stablecoin. The yield on reserves stays with the issuer. (Holders can earn yield separately through lending protocols or other products, but the stablecoin itself is a non-interest-bearing instrument under the GENIUS Act.)

Which agencies do what

AgencyRole under the GENIUS Act
OCCApproves federally qualified nonbank issuers; registers foreign issuers; primary federal supervisor for federal-pathway issuers
Federal ReserveCo-supervisor with states for bank-subsidiary issuers; emergency enforcement against state issuers; voting member of the SCRC
FDICSCRC voting member; handles insolvency proceedings for failed issuers
Treasury / SecretarySCRC chair; administers foreign-issuer enforcement; designates non-compliant foreign issuers
FinCENIssues Bank Secrecy Act anti-money-laundering guidance and risk standards for issuers

The Stablecoin Certification Review Committee (OCC, Fed, FDIC, and Treasury) reviews and approves state stablecoin frameworks. All permitted issuers — regardless of pathway — are explicitly subject to the Bank Secrecy Act, which means mandatory AML programs, suspicious-activity reporting, and sanctions screening.

Foreign issuers

Foreign issuers cannot directly offer stablecoins to US persons, but may do so through US digital-asset service providers if they satisfy five conditions: comparable home-country regulation (determined by the Treasury Secretary), OCC registration, US reserves sized to local customer demand, no nexus to sanctioned jurisdictions, and compliance with US asset-seizure orders.

Treasury may designate non-compliant foreign issuers and bar US platforms from listing their tokens. The penalty for US persons who knowingly deal in non-compliant foreign stablecoins is a civil penalty of up to $1 million per day.

What the GENIUS Act does not resolve

The law sets a federal floor; rulemaking by the OCC, Fed, FinCEN, and Treasury will fill in the details. Several questions remain open as of mid-2026:

  • Exact reserve quality standards beyond asset-class eligibility
  • Precise redemption timeframes (the Act says "timely" without a specific window)
  • The insolvency treatment of stablecoin holders in a bank-subsidiary failure (regulators must complete a study within three years)

The bottom line

The GENIUS Act closes the legal gap that left the stablecoin market in regulatory limbo for years. It defines who can issue, what can back the coins, what must be disclosed, and which agencies watch over each pathway. For businesses building on stablecoin rails, the practical effect is a clearer compliance roadmap — and a higher bar for any issuer that wants to serve US persons. For a side-by-side comparison of the US framework against the EU's MiCA, see GENIUS Act vs MiCA.


Keep reading

Related


Citations

Sources

  1. [1]S.1582 — GENIUS Act, 119th Congress — Congress.gov
  2. [2]White House Fact Sheet: President Trump Signs GENIUS Act
  3. [3]Gibson Dunn — The GENIUS Act: A New Era of Stablecoin Regulation
  4. [4]Mayer Brown — GENIUS Act Signed into Law
  5. [5]Morgan Lewis — GENIUS Act Passes in US Congress: A Breakdown

tempowiki is a neutral, sourced reference. Every claim above is drawn from the cited sources; where a detail is uncertain it is omitted rather than guessed.


Answer-first

Frequently asked

What is the GENIUS Act?
The Guiding and Establishing National Innovation for US Stablecoins Act is the first US federal law specifically governing payment stablecoins. Signed on 18 July 2025, it creates a licensing system for stablecoin issuers, mandates 100% reserve backing with liquid assets, requires monthly public disclosures, and subjects all issuers to Bank Secrecy Act anti-money-laundering obligations.
Who can legally issue a stablecoin under the GENIUS Act?
Only 'permitted issuers' — defined as a subsidiary of an insured depository institution, a federally qualified nonbank issuer approved by the OCC, or a state-qualified issuer operating under a state framework the Stablecoin Certification Review Committee has certified as substantially similar to federal standards.
What assets can back a stablecoin under the GENIUS Act?
US currency, demand deposits at insured banks, Treasury instruments with maturities of 93 days or less, overnight repos backed by short-term Treasuries, and qualifying money market funds. Cryptocurrencies and other securities are expressly prohibited. Reserves may not be pledged, rehypothecated, or reused.
Can stablecoins pay interest under the GENIUS Act?
No. The Act explicitly prohibits issuers from paying holders any form of interest or yield solely in connection with holding, using, or retaining a payment stablecoin.
How does the GENIUS Act treat foreign stablecoin issuers?
Foreign issuers cannot issue directly to US persons but may offer through US digital asset service providers if they operate under a comparable regulatory regime, register with the OCC, maintain US reserves sufficient to meet customer liquidity needs, avoid sanctioned jurisdictions, and comply with asset seizure orders. The Treasury Secretary can designate non-compliant foreign issuers and impose civil penalties up to $1 million per day.