Republican Senator Tim Scott has introduced legislation aimed at limiting regulators from considering reputational risk when overseeing banks. The legislation could enhance banking access for crypto firms and various other industries.
The Financial Integrity and Regulation Management Act aims to tackle concerns that banks are denying services to certain customers based on political influence or public perception rather than financial criteria, a practice otherwise known as βdebanking.β
Debanking is a practice where banks may choose not to do business with clients that pose βreputational risks.β The Federal Reserve defines reputational risk as βthe potential that negative publicity regarding an institutionβs business practices, whether true or not, will cause a decline in the customer base, costly litigation, or revenue reductions.β
Over the past two decades, debanking has reportedly impacted businesses across multiple industries, including cryptocurrency, firearms, federal prison contractors, and cannabis. In recent years, the issue has gained attention, with cryptocurrency advocates alleging that an organized effort was made to restrict banking access for legitimate crypto firms in the U.S.
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According to the Wall Street Journal, 11 Republican lawmakers are backing Senator Scottβs bill, with several banking industry groups preparing to endorse it. Among them is the Bank Policy Institute, a nonpartisan organization representing major financial institutions. JPMorgan Ρhase, the largest U.S. bank, has also voiced its support for the legislation.
Cynthia Lummis, Mike Crapo, Bernie Moreno, and Katie Britt are among the 11 Republican senators supporting the bill.
Multiple cryptocurrency firms have expressed concerns, stating that federal regulators have cited regulatory issues as a reason to limit their access to banking services.
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βItβs clear that federal regulators have abused reputational risk by carrying out a political agenda against federally legal businesses,β Scott said in a statement. βThis legislation is the first step in ending debanking once and for all.β
Unlike previous measures that sought to impose specific banking requirements, this legislation takes a different approach by eliminating reputational risk as a regulatory factor, a move that may garner broader support.
