Last year, there were several notable bank failures, some of which were connected to market vulnerabilities associated with cryptocurrency and crypto-asset-related (CAR) entities. In the wake of these failures, the federal banking agencies provided banks with guidance on managing crypto-asset risks.

First, the agencies issued a Joint Statement on Crypto-Asset Risks to Banking Organizations, which warned banks in general about crypto-asset risks. Later, the agencies focused on liquidity with their Joint Statement on Liquidity Risks to Banking Organizations Resulting from Crypto-Asset Market Vulnerabilities.

Highlights of the general guidance

The first statement warns banks of several key risks associated with crypto-assets and participants in this sector. They include:

• Fraud and scams among crypto-asset sector participants,
• Legal uncertainties related to crypto-asset custody practices, redemptions and ownership rights,
• Inaccurate or misleading representations and disclosures by CAR companies,
• Volatility in the crypto-asset markets,
• Susceptibility of stablecoins (cryptocurrency whose value is tied to that of another currency, commodity or financial instrument) to run risk,
• Contagion risk stemming from interconnections among sector participants (that is, opaque lending, investing, funding, service and operational arrangements), which may also present concentration risks,
• Lack of maturity and robustness of risk management and governance practices in the crypto-asset sector, and
• Heightened risk associated with open, public or decentralized networks (that is, lack of oversight, absence of contracts or standards, vulnerabilities to cyber-attacks, outages, lost or trapped assets, and illicit finance).

According to the statement, the agencies “believe that issuing or holding as principal crypto-assets that are issued, stored, or transferred on an open, public, and/or decentralized network” is likely to be inconsistent with safe banking practices. They also have serious concerns about safety and soundness issues raised by business models that are concentrated in CAR activities or have concentrated exposures to the crypto-asset sector.

Highlights of the liquidity guidance

The statement on liquidity risks notes that certain funding sources from CAR entities present heightened liquidity risks, including:

Deposits by CAR entities for their customers’ benefit. The stability of these deposits may be driven by the behavior of these customers or market dynamics, not just the CAR entity itself.

Deposits that constitute stablecoin-related reserves. These deposits, the statement explains, are “susceptible to large and rapid outflows stemming from, for example, unanticipated stablecoin redemptions or dislocations in crypto-asset markets.”

To address these risks, the statement encourages affected banks to implement certain liquidity risk management practices, including actively monitoring liquidity risks inherent in CAR funding sources and maintaining effective risk management controls. In addition, these banks should make sure to understand the direct and indirect drivers of crypto-asset deposit behavior and the susceptibility of such deposits to unpredictable volatility.

It’s also important for banks to assess the liquidity risks associated with potential concentrations or interconnectedness of deposits from CAR entities. And they’ll need to incorporate liquidity risks and funding volatility associated with CAR deposits into their contingency funding plans (that is, via liquidity stress testing and other risk management processes). Finally, performing robust due diligence and ongoing monitoring of CAR entities that open deposit accounts (including scrutinizing the representations they make to their customers) is key.

Follow the rules

Finally, the statements remind banks to comply with all applicable laws and regulations. For insured depository institutions, this includes, but isn’t limited to, compliance with the FDIC’s “Brokered Deposit Rule” and, as applicable, the “Consolidated Reports of Condition and Income (Call Report)” filing requirements. Crypto-assets are now a fact of life, and community banks must take care to manage them properly.