1. More Regulatory Clarity
Digital assets are not a new phenomenon, having been around for several years. Yet many established companies, including large financial institutions and government entities, have historically seemed reluctant to adopt digital assets.
At least a part of this reluctance can be attributed to the still developing regulatory landscape, but this is quickly changing. In January, the Office of the Comptroller of the Currency (OCC) granted a national trust bank charter to a South Dakota chartered trust company, making it the first federally chartered digital asset bank in the US and allowing it to partner with other traditional financial institutions to offer digital currencies to customers. Earlier that month, the OCC issued guidance that allows national banks and federal savings associations to participate in independent node verification networks and use stablecoins — cryptocurrency backed by another asset — for payment activities. This comes on the heels of two separate letters of guidance issued last year in which the OCC clarified that national banks can offer cryptocurrency custody services to clients and hold deposits that serve as a reserve against currency-backed stablecoins.
The Securities and Exchange Commission (SEC) has similarly taken action on cryptocurrency. In a December statement, the agency clarified how broker-dealers must operate when acting as custodians of digital asset securities in order to avoid enforcement action.
This regulatory progress enables traditional financial institutions to adopt digital currencies and is expected to pave the way for even greater investment in the digital asset space. Reassured by the growing regulatory framework, other organizations that have been exploring the benefits of cryptocurrency are likely to take steps to invest in this field. And according to many observers, it’s just a matter of time before the asset class becomes mainstream.
A more developed regulatory framework should also help make traditional insurers more willing to provide insurance capacity in this space. At this time, however, more education is still needed. And as the regulatory environment continues to evolve, the heightened risk of regulatory activity makes it incredibly important for companies and their directors and officers to understand what, if any, risk transfer options are available to help mitigate potential exposure.