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THE GENIUS ACT -
The Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) is a proposed U.S. law aimed at establishing a comprehensive federal regulatory framework for payment stablecoins. It passed the Senate in June 2025 and is now headed to the House for consideration. The Act seeks to foster innovation in the stablecoin market while ensuring consumer protection and financial stability.
Here's a breakdown of key aspects of the GENIUS Act:
Purpose:
• Regulatory Clarity:
The Act aims to provide clear rules and regulations for stablecoin issuers, moving away from the current patchwork of state and federal regulations.
• Consumer Protection:
It includes provisions to protect consumers from misleading marketing and ensure they understand that stablecoins are not backed by the full faith and credit of the U.S. government.
• Financial Stability:
The Act addresses potential risks associated with stablecoins, such as reserve requirements and oversight, to maintain the stability of the financial system.
• Innovation:
By providing a clear regulatory framework, the Act is intended to encourage responsible innovation in the stablecoin space.
Key Provisions:
• Permitted Issuers:
The Act defines who can issue payment stablecoins, potentially limiting issuance to subsidiaries of insured depository institutions, other entities approved by the Office of the Comptroller of the Currency (OCC), and those authorized under qualifying state regimes.
• Reserve Requirements:
Strict reserve requirements are established to ensure stablecoins are backed by sufficient assets, maintaining their peg to the underlying asset (e.g., the U.S. dollar).
• Federal and State Roles:
The Act outlines the roles of federal and state regulators, with federal oversight potentially applying to larger stablecoin issuers (over $10 billion market capitalization).
• Bank Secrecy Act (BSA) Compliance:
Permitted payment stablecoin issuers will be treated as financial institutions for BSA/AML purposes.
• Marketing Standards:
The Act prohibits misleading representations about stablecoin backing or insurance, ensuring consumers are not deceived about government guarantees.
Potential Impacts:
• Increased Adoption:
The clarity provided by the GENIUS Act could encourage wider adoption of stablecoins for payments and other financial transactions.
• Reduced Volatility:
The reserve requirements and oversight mechanisms are designed to minimize the risk of stablecoin de-pegging and volatility.
• Potential for Centralization:
Some concerns exist that the stringent issuer criteria could favor larger institutions, potentially leading to market concentration.
• International Coordination:
The Act's provisions for foreign issuers could lead to complexities in cross-border cooperation and potential friction.
• Operational Costs:
The strict reserve requirements and audits may increase operational costs for stablecoin issuers.
Next Steps:
• The GENIUS Act is now awaiting consideration in the House of Representatives.
• House leaders will decide whether to adopt the Senate text or seek a conference to reconcile differences with the House's own stablecoin bill.
• President Trump is expected to sign the legislation into law once it passes both chambers.
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