The Fed Rejects Custodia Bank's Membership Application
Rebeca Moen Feb 27, 2023 07:50
The Fed rejected cryptocurrency-focused Custodia Bank membership again, citing "sound banking operations."
Custodia Bank, a bank that deals in cryptocurrencies, asked the United States Federal Reserve to reconsider its membership application to the Federal Reserve System. However, the United States Federal Reserve turned down this request. A district court has allowed a lawsuit between Custodia Bank and the United States Federal Reserve to continue.
Custodia's application "was inconsistent with the requisite elements under the law," according to an earlier decision made by the Federal Reserve Board, which was cited in the central bank's announcement on February 23 on the denial of membership.
The Federal Reserve rejected Custodia's membership application in January, about four years after the company first submitted the request in 2019. Applicants have the right, according to the regulations of the board, to request that membership choices be reconsidered.
The reason the Fed gave for rejecting Custodia's application was that the company's management structure was "insufficient."
In addition to this, it referred to a joint statement that it had prepared jointly with the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation. In this declaration, it said that cryptocurrencies were "inconsistent with safe and sound banking practices."
Custodia has said that it would want to become a member of the Federal Reserve System in order to be subject to the same regulations that are imposed on conventional banks. In addition, this would pave the way for other cryptocurrency institutions to be subject to the same stringent requirements.
This week, on February 22, a judge in a district court in Wyoming dismissed a petition by the Federal Reserve board to dismiss a complaint filed by Custodia about a delay of more than two years in the opening of a master account with the Federal Reserve.
With a master account, Custodia would be able to access the payment systems of the Federal Reserve without having to use any other banks as intermediaries. Custodia's request for a master account with the Fed was turned down on January 27, more than two years after the company first submitted its request for the account in October 2020.
After that, the Fed made a motion to dismiss the case since the account rejection rendered the complaint meaningless. Custodia, on the other hand, submitted a proposed amended complaint to the court on February 17, alleging that the Federal Reserve unfairly singled out and rejected its application as part of a "concentrated and coordinated" effort with the administration of President Joe Biden and requesting that the court reverse the decision.
Nathan Miller, a spokeswoman for Custodia, was quoted as saying in a statement that was released on February 17 that the case "zeroes in on the main legal issue: whether Congress ever authorized the Fed jurisdiction to determine master accounts at all." He also said that the Fed "pressed the hand" of the cryptocurrency bank, stating that the institution "tried every avenue to find a sensible route ahead."
A deadline of March 1 has been set by the judge for Custodia to submit its first revised complaint to the court.
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