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12 U.S.C. § 5909

Custody of payment stablecoin reserve and collateral

United States · Title 12 — BANKS AND BANKING · Status: effective

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12 U.S.C. § 5909, Custody of payment stablecoin reserve and collateral, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/439152
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A person may only engage in the business of providing custodial or safekeeping services for the payment stablecoin reserve, the payment stablecoins used as collateral, or the private keys used to issue permitted payment stablecoins if the person— is subject to— A person described in subsection (a) shall, with respect to other property described in that subsection— Payment stablecoin reserves, payment stablecoins, cash, and other property of a permitted payment stablecoin issuer or customer shall be separately accounted for by a person described in subsection (a) and shall be segregated from and not be commingled with the assets of the person. Notwithstanding paragraph (1) or subsection (b)— With respect to payment stablecoins held by a person described in subsection (a) for a customer, with or without the segregation required under paragraph (1), the claims of the customer against such person with respect to such payment stablecoins shall have priority over the claims of any person other than the claims of another customer with respect to payment stablecoins held by such person described in subsection (a), unless the customer expressly consents to the priority of such other claim. A person described under subsection (a) shall submit to the applicable primary Federal payment stablecoin regulator information concerning the person’s business operations and processes to protect customer assets, in such form and manner as the primary regulator shall determine. The requirements of this section shall not apply to any person solely on the basis that such person engages in the business of providing hardware or software to facilitate a customer’s own custody or safekeeping of the customer’s payment stablecoins or private keys.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.