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  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 60 minutes

Banks and Digital Asset-Related Activities: Legal Framework, Permissible Activities, Risk Management

$347.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE webinar will provide a practical overview for banking organizations seeking to engage in digital asset-related activities. The panel will discuss the current legal and regulatory framework relating to digital assets and bank-permissible activities, provide guidance on risk management in this evolving area, and highlight several bills currently pending in Congress relating to digital assets.

Description

In recent months, federal banking regulators (FDIC, Federal Reserve, and the OCC) have withdrawn key supervisory guidance that had constrained state member banks and other board-supervised banking organizations from engaging in digital asset activities. The withdrawal of these supervisory documents removes several key procedural barriers, giving banks more freedom to engage with digital assets.

The OCC also published Interpretive Letter 1184 confirming that national banks may execute and settle digital asset trades on behalf of their customers so long as the bank acts in an agency capacity and the activity is conducted in a safe and sound manner. National banks, however, would not be permitted to act as a trading counterparty or take principal positions in digital assets. This action provides clarity on the permissibility of trade execution and post-trade settlement services and paves the way for banks to offer customers a digital asset wallet through their website or mobile app.

While banks look forward to offering these new product options, designing and implementing these types of interfaces requires a thorough understanding of the potential compliance and operational risks. Federal regulators expect banks engaging in digital asset-related activities to have formal procedures in place to identify potential risks and control those risks. It is imperative that counsel understands the operational risks for their bank clients navigating the evolving digital asset legal framework.

Listen as our authoritative panel reviews the current legal framework and permissible digital asset-related activities by banks and provides guidance for strategic planning, risk management, and governance for digital asset-related activities.

Presented By

Luigi L. De Ghenghi
Partner
Davis Polk & Wardwell LLP

Mr. De Ghenghi focuses on bank regulatory advice, including Dodd-Frank Act implementation, M&A and capital markets transactions for banks and other financial institutions. He advises banks and financial institutions on corporate governance and compliance matters, bank insolvency issues, government investigations and enforcement actions, cross-border collateral transactions, clearance and settlement systems.

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Carl Fornaris
Partner, Chair, Financial Innovation and Regulation Practice
Winston & Strawn LLP

Mr. Fornaris is co-chair of the Financial Services Practice and co-chair of the Digital Assets and Blockchain Technology Group. With nearly 30 years of legal experience, he advises a broad range of financial services firms, including banks and their holding companies, trust companies, money services businesses, payments and FinTech companies, cryptocurrency and other digital assets firms, investment advisers, securities broker dealers, gaming firms, and other financial institutions and institution-affiliated parties, including financial institution officers and directors, on all aspects of their business. He represents clients in an extensive range of regulatory, transactional, and administrative enforcement matters, including institution formation and licensing, capital-raising transactions, acquisitions and divestitures, Bank Secrecy Act/Anti-Money Laundering (BSA/AML) compliance and The Office of Foreign Assets Control (OFAC) sanctions programs—including the Corporate Transparency Act (CTA)—cryptocurrency regulation, payments and FinTech, Dodd-Frank Act compliance, failed bank receivership and resolution advice, and federal and state agency enforcement proceedings.

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Logan Payne
Of Counsel
Winston & Strawn LLP
Credit Information

  • This 60-minute webinar is eligible in most states for 1.0 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, August 12, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Legal framework for bank-permissible activities

II. History of U.S. banking policy and digital assets

III. Recent activity and developments by U.S. banking regulators relating to digital assets

IV. Pending federal legislation regarding digital assets: STABLE, GENUIS, and CLARITY Acts

V. Notable state laws and legislation relating to banks and digital asset activities

VI. Strategic planning, risk management, and governance for banks engaging in digital asset-related activities

VII. Practitioner pointers and key takeaways

The panel will discuss these and other key considerations:

  • What is the legal framework for banks to engage in permissible digital asset-related activities?
  • What are some recent developments by U.S. banking regulators signaling their commitment to enabling bank participation in digital asset markets?
  • What are key operational and risk management considerations for banks entering the digital asset market?
  • How should banking organizations tailor their business and customer engagement strategies, compliance management processes, and internal controls when entering the digital asset arena?
  • How will pending legislation potentially impact the ability of banks to engage in digital asset-related activities going forward?