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Zerohash's U.S. Trust Bank Charter Application Returned by OCC

Created at 12 Aug · 10:16 PM1 source↑ Market-relevant
IN SHORT

Zerohash, a crypto infrastructure provider for firms like Morgan Stanley's E*Trade, had its application for a U.S. trust bank charter returned by the Office of the Comptroller of the Currency. The regulator cited material deficiencies, but Zerohash plans to re-apply with a narrower scope.

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Key Numbers

200+compliance gaps identified by former employee
150employees at Zerohash in 2022

Who's Involved

Zerohash
crypto infrastructure provider whose trust bank charter application was returned
Office of the Comptroller of the Currency
regulator that returned Zerohash's application
Jonathan Gould
U.S. Comptroller of the Currency
Morgan Stanley
client of Zerohash through its E*Trade platform
Stephen Gardner
Co-president of Zerohash and CEO of its pending national trust bank
Edgar Guerra
Former chief compliance officer at Zerohash suing the company
Independent Community Bankers of America
group that objected to Zerohash's application
Zerohash's U.S. Trust Bank Charter Application Returned by OCC

↳ Why This Matters

The OCC's decision highlights the stringent regulatory hurdles for digital asset firms seeking to operate as federally chartered trust banks, impacting Zerohash's expansion plans and potentially signaling caution for other crypto infrastructure providers.

Key facts

  • Zerohash, a crypto infrastructure provider, failed to secure a U.S. trust bank charter.
  • The Office of the Comptroller of the Currency returned Zerohash's application, citing material deficiencies.
  • Zerohash plans to re-apply with a more focused scope by the end of the month.
  • The company serves high-profile clients including Morgan Stanley's E*Trade.

Zerohash, a crypto infrastructure provider that serves major financial firms including Morgan Stanley's E*Trade, has had its application for a U.S. trust bank charter returned by the Office of the Comptroller of the Currency (OCC). The regulator's decision suggests the application contained "material deficiencies," effectively ending the current bid, though not formally denying it.

Zerohash stated that the return is an administrative process allowing them to refile this month with a narrower scope. The company indicated this approach was coordinated with the OCC and does not impact its current operations, which are conducted under existing regulatory approvals. Previously, Zerohash had advertised for positions at a "Zerohash National Trust Bank" with a pending charter application.

The initial application, filed in March, was part of a wave of firms seeking crypto-oriented trust bank charters. However, Zerohash's filing was sent back on July 17. Unlike outright denials, a returned application does not come with a detailed explanation from the OCC. The OCC's policy allows for returning filings that lack necessary financial or officer information, or that do not sufficiently respond to information requests.

The Independent Community Bankers of America had previously objected to Zerohash's application, citing the rapid pace of approvals and applications for digital asset-focused trust banks. Zerohash had also been reportedly seeking further investment at a valuation above $1.5 billion and had acquisition talks with Mastercard that did not materialize. The company already operates as a state-chartered trust bank, and its business with E*Trade does not rely on federal charter approval.

Separately, Zerohash is involved in a legal dispute with its former chief compliance officer, Edgar Guerra, who claims he was fired to mask compliance issues, including significant gaps in money-laundering controls. It is unclear if the OCC was aware of these claims.

Frequently asked questions

Zerohash is a crypto infrastructure provider that handles backend operations for traditional financial firms, including Morgan Stanley's E*Trade. It also operates as a state-chartered trust bank.

The Office of the Comptroller of the Currency returned the application, citing "material deficiencies," which suggests it lacked necessary information or did not sufficiently respond to requests.

According to OCC policy, a returned application is an administrative process indicating the application was materially deficient, allowing the company to refile. It is not a formal denial.

Zerohash stated that the return of the application does not affect its current operations, which continue under existing regulatory approvals.

What Happens Next

01Zerohash plans to re-apply for a trust bank charter with a narrower scope by the end of the month.

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Cadence

How It Developed

Zerohash applied for a U.S. trust bank charter.
The OCC returned Zerohash's application due to material deficiencies.
Zerohash plans to re-apply with a narrower scope by the end of the month.
Zerohash is a crypto infrastructure provider for firms including Morgan Stanley's E*Trade.

Sources

T1
Morgan Stanley's infrastructure partner Zerohash rebuffed in pitch to be U.S. trust bankCoinDesk

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