Why Banks Can Now Hold Crypto, But the Capital Rules Still Won't Let Them
Banks across the US, UK, and Europe now have legal permission to custody Bitcoin, issue stablecoins, and settle tokenized assets, yet the international capital rulebook still prices these activities as if they were guaranteed losses. This gap between regulatory permission and capital cost is quietly reshaping where institutional crypto services actually get built, and it's forcing a choice between keeping digital assets outside the banking system or building separate products for different jurisdictions.
What's the Basel Rule That's Blocking Bank Crypto Services?
The Basel Committee, which sets capital standards for banks in the US, EU, UK, Canada, Japan, Singapore, and Hong Kong, introduced a new cryptoasset framework called SCO60 that went live on January 1, 2026. The framework sorts crypto holdings into tiers based on risk, but unbacked cryptocurrencies like Bitcoin land in the most punitive category, carrying a 1,250% risk weight. That means a bank must hold capital equal to its full Bitcoin exposure, dollar for dollar. A $100 million Bitcoin position eats roughly $100 million of capital that could be deployed elsewhere, making most crypto services uneconomic inside a regulated balance sheet.
The problem is that Basel created this standard when supervisors were trying to keep crypto out of banking entirely. It was shaped by real crises: the opacity around stablecoin reserves, exchange collapses like FTX, and contagion that spread through lending platforms like Celsius. But the phase banks are entering now is fundamentally different. Tokenized deposits, stablecoin reserve management, custody, and on-chain settlement are now part of regulated balance sheets. JPMorgan's JPMD deposit token, Citi's Token Services, and tokenized deposit work at HSBC show that banks are already moving forward.
How Does the Capital Math Actually Work Against Crypto?
Basel's framework divides crypto into groups. Group 1a covers tokenized versions of traditional assets like bonds or stocks. Group 1b covers stablecoins that pass strict reserve and redemption tests. Both get treated roughly like their conventional equivalents. Group 2 catches everything else, split into Group 2a for liquid assets that can be hedged and Group 2b for the rest.
The capital charge attached to each tier determines whether a bank's crypto business makes financial sense. A low charge lets a bank hold or finance an asset cheaply. A high charge forces it to set aside equity that could earn returns elsewhere. At 1,250%, the charge gets high enough that the whole activity stops making sense.
On top of that, SCO60 layers on an exposure cap with no real equivalent elsewhere in Basel's rulebook. A bank's total Group 2 holdings must stay under 1% of its Tier 1 capital, and the moment it crosses 2%, every single Group 2 position gets dragged into the punitive 2b treatment at once, with hedging recognition stripped away entirely.
Why Are US and European Regulators Diverging on Crypto Capital Rules?
The world's biggest economies have stopped agreeing on how to treat crypto capital charges. The Trump administration rejected SCO60 outright, with Executive Order 14178 and the July 2025 digital-asset report describing the fixed 1,250% weight as anti-innovation and anti-competitive. The US is moving toward a risk-based approach tied to how these markets actually behave.
Europe is going the opposite direction, holding the cautious line by folding the Basel treatment into its CRR3 capital rules and technical standards still being drafted by its banking authority.
Because Basel rules only take effect through national adoption, the same tokenized asset can carry a heavier capital charge in Frankfurt than in New York. A global bank now has to build separate digital-asset products for separate jurisdictions just to deal with it. That fragmentation cuts both ways: loose rules let crypto risk seep into the deposit base, while punitive ones push the activity toward firms sitting outside the bank perimeter.
What Types of Crypto Services Are Most Affected by Capital Rules?
Most of what banks actually want in crypto is fee-based and light on the balance sheet. These include custody, fund administration, stablecoin reserve management, tokenized-deposit settlement, collateral services, and market making in regulated products. The capital treatment determines which of those lines meet an internal return hurdle, since a heavy charge on inventory or financing can close off the ones that need a balance sheet to run.
- Custody Services: Banks want to hold client crypto assets in secure vaults without taking on balance-sheet risk, but capital charges can make this unprofitable even with custody fees.
- Stablecoin Reserve Management: A fully reserved payment token, a bank's own tokenized deposit, and a tokenized money-market fund each carry different legal claims and sit on the balance sheet differently, forcing Basel to price redemption, reserve, liquidity, and enforceability risk separately.
- Tokenized Asset Settlement: Tokenized real-world assets on public chains have already surpassed $16 billion, with government securities making up the largest share, yet a tokenized Treasury bond can fail Group 1 conditions on a technicality and drop into Group 2b where Basel files purely speculative tokens.
Stablecoins are where all this pressure concentrates. The stablecoin market is now around $320 billion and almost entirely dollar-denominated, so the classification carries enormous weight in determining whether banks can profitably offer these services.
What's Happening to Fix the Capital Rule Problem?
The Basel Committee itself can tell the fit has loosened. It opened an expedited review of targeted parts of the standard back in November 2025, noted progress through February and May of 2026, and has promised an update later this year. Industry bodies like ISDA and the GFMA told the Committee back in August 2025 that whole sections of the standard were overly conservative and punitive, pressing for a recalibration before it ever reached full adoption.
Meanwhile, institutional custody infrastructure is advancing on a separate track. Binance announced a strategic partnership with Anchorage Digital to introduce banking triparty custody for institutional clients, strengthening digital asset security while giving professional investors greater confidence in managing large cryptocurrency positions through regulated custody infrastructure. Triparty custody is a structure widely used in traditional financial markets where a trusted third-party custodian independently holds customer assets while facilitating settlement between trading participants, helping reduce counterparty risk.
This partnership reflects a broader movement toward integrating regulated banking infrastructure into cryptocurrency trading. As larger financial organizations allocate capital to digital assets, secure custody solutions have become one of the industry's highest priorities. Partnerships between exchanges and regulated custodians help address institutional requirements while supporting broader market participation.
How to Navigate the Institutional Crypto Custody Landscape
- Understand Triparty Custody Benefits: Independent custody separates asset storage from trading activities, reducing operational exposure and counterparty risk for large institutional positions.
- Evaluate Regulatory Alignment: Look for custody providers with banking-focused infrastructure designed to support institutional operational standards, governance requirements, and regulatory compliance across multiple jurisdictions.
- Monitor Capital Rule Changes: Track Basel Committee updates and national regulatory divergence between the US and EU, as these will determine which crypto services remain economically viable inside regulated banks versus outside the banking system.
The collaboration between Binance and Anchorage Digital demonstrates that the future of institutional crypto trading will likely be defined not only by market access but also by trust, security, and the ability to integrate blockchain technology with established financial systems. As institutional adoption continues expanding through Bitcoin ETFs, tokenized assets, stablecoins, and blockchain-based financial services, secure custody infrastructure is expected to become an even more critical component of global digital asset markets.
The real question facing regulators now is whether to recalibrate capital charges to match the actual risk of modern crypto services, or whether to accept that most institutional crypto infrastructure will continue living outside traditional banks. That choice will reshape where the next generation of digital finance gets built.