EU banks face new capital requirements for holding Bitcoin and Ether.

3 min read

EU Banking Authority Sets New Capital Requirements for Cryptocurrencies

The European Banking Authority (EBA) has finalized a set of draft regulations that significantly impact how European banks manage their cryptocurrency holdings. These rules, which require banks to apply a 1,250% risk weight to unbacked cryptocurrencies like Bitcoin and Ether, are part of a broader effort to standardize crypto asset exposure across the European Union.

Understanding the New Regulations

Related: EBA's Stringent Regulatory Guidelines for Cryptocurrency Ecosystem

In a move to enhance financial stability, the EBA’s draft regulatory technical standards aim to harmonize the capital requirements for crypto-asset exposures by EU-based banks. According to the EBA’s official [press release](https://www.eba.europa.eu/publications-and-media/press-releases/eba-publishes-draft-technical-standards-prudential-treatment-crypto-asset-exposures-under-capital) here, these standards are designed to ensure that banks hold sufficient capital against the risks posed by volatile digital currencies.

The framework, once approved by the European Commission, will require banks to allocate significantly more capital against unbacked cryptocurrencies, effectively limiting their exposure to these assets. This regulation is expected to directly affect banks like Italy’s Intesa Sanpaolo, which would need to hold 12.5 million euros in capital for a 1 million euro Bitcoin investment.

Implications for the Banking Sector

Related: EBA Outlines New Guidelines for Crypto Restrictive Measures

The Open Network (TON) to Launch Teleport Bitcoin Bridge
The Open Network (TON) to Launch Teleport Bitcoin Bridge

These stringent measures place the EU at odds with other global financial regulators who are increasingly integrating cryptocurrencies into existing financial frameworks. For instance, the U.S. Federal Deposit Insurance Corporation (FDIC) recently allowed banks to engage in crypto-related activities without prior approval, highlighting a divergent approach to digital assets.

The EBA’s decision may deter European banks from participating in the rapidly expanding digital asset market, particularly as decentralized finance (DeFi) and tokenization gain traction. As reported by [Reuters](https://www.reuters.com/business/finance/eu-banks-face-tougher-capital-rules-crypto-assets-2023-10-10/) here, these rules could limit bank participation in the crypto sector, potentially stifling innovation and growth within the EU.

Next Steps and Broader Context

Related: US Agencies Highlight Risks in Crypto Custody for Banks

The draft regulations will be submitted to the European Commission, which has three months to endorse, amend, or request further revisions. Once approved, the regulations will be forwarded to the European Parliament and the Council, with a possible objection period of up to six months.

While the EU takes a cautious approach, other countries like Switzerland have enacted crypto-friendly laws, allowing banks to offer custody services for digital assets. The Swiss government’s [amendments](https://ge.andersen.com/switzerland-enshrines-its-crypto-friendly-policies-into-law/) here to its Distributed Ledger Technology Act exemplify a more open stance towards integrating digital currencies within traditional financial systems.

As the global financial landscape evolves, the EU’s stringent regulations highlight the ongoing debate over the role of cryptocurrencies in mainstream finance. The outcome of these regulations will likely shape the future of digital asset management within the European banking sector.

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