Wednesday, January 14, 2026

GENIUS Act Under Fire: Stablecoin Loopholes Threaten Community Banks

US community banks voice concerns over stablecoin rewards loopholes in the GENIUS Act, potentially impacting local lending and the future of crypto regulations.

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GENIUS Act Under Fire: Stablecoin Loopholes Threaten Community Banks

The GENIUS Act and the Stablecoin Dilemma

The US banking sector is once again grappling with the complexities of cryptocurrency, this time over the GENIUS Act, designed to regulate stablecoins. While the Act aimed to clearly define stablecoins as payment tools rather than interest-bearing accounts, a perceived loophole has sparked significant debate. US community banks are at the forefront of this concern, arguing that the current framework allows for third-party platforms to offer rewards on stablecoin holdings, effectively circumventing the intended restrictions. This could reshape the way stablecoins function, potentially blurring the lines between payment systems and traditional savings products.

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The Core of the Controversy: Rewards and Incentives

The crux of the issue lies in how stablecoin rewards are distributed. The GENIUS Act prohibits stablecoin issuers from directly paying interest to holders. However, exchanges and affiliated platforms can still offer incentives, such as staking rewards or cashback, for holding stablecoins. From the consumer’s perspective, this presents an attractive option. They can earn returns simply by storing their assets in a stablecoin, mimicking the benefits of a savings account.

Community Banks: The Most Vulnerable?

Community banks are particularly worried about this issue. Unlike larger institutions with diversified funding sources, they depend heavily on local deposits. If customers shift their funds into stablecoins to take advantage of these reward programs, community banks could face reduced lending capacity. This could have a ripple effect, potentially impacting small businesses, homeowners, and local economies that rely on these banks for capital. In contrast, larger banks have more flexibility in accessing wholesale funding markets and may be less reliant on retail deposits.

How Rewards are Offered

The mechanics behind these rewards systems are diverse. They can be funded through various revenue streams, including platform revenues, marketing subsidies, and affiliate arrangements. These structures highlight a key concern: the GENIUS Act‘s effectiveness could be compromised if it fails to address these alternative routes of incentivization. Banks argue the current landscape offers an opportunity for a workaround that undermines the spirit of the law.

Industry Counterarguments and Future Policy Options

The cryptocurrency industry is defending the current setup, saying that restricting rewards would stifle innovation in the payment space. They maintain that stablecoins are designed for payments and settlements, not to compete directly with deposit accounts. It is argued that such rewards are not comparable to interest paid on bank deposits and shouldn’t be treated the same way from a regulatory perspective. Regulators are now facing various policy options. They could extend the interest ban to affiliates and partners. Alternatively, they might opt for greater disclosure requirements, forcing platforms to clearly explain the risks involved. Another approach could involve creating a ‘safe harbor’ for certain activity-based incentives, allowing rewards that are directly tied to usage.

The Path Ahead

The outcome of this debate will significantly shape the future of stablecoins in the United States. If the current loophole is closed, it would further reinforce the role of stablecoins as payment tools. Conversely, if third-party rewards are permitted with minimal restrictions, stablecoins could evolve into a more bank-like financial product. This is a crucial moment for policymakers to find a balanced approach that protects consumers, fosters innovation, and ensures the stability of the financial system. The coming months will be critical in deciding the final shape of these regulations.

James Reynolds
James Reynolds
James Reynolds is a legal analyst focusing on regulatory news and compliance within the cryptocurrency industry. His comprehensive coverage of legal developments helps businesses and investors navigate the evolving regulatory landscape.

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