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NBTC News
Home»Legal»SEC makes quiet shift to brokers’ stablecoin holdings that may pack big results
Legal

SEC makes quiet shift to brokers’ stablecoin holdings that may pack big results

NBTCBy NBTC25/02/2026No Comments3 Mins Read
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Broker-dealers regulated by the U.S. Securities and Exchange Commission (SEC) can treat their stablecoin holdings as regulatory capital, according to a tweak this week to a frequently-asked-questions document maintained by the agency.

That’s a seismic shift offered in the form of a minor addition to the SEC’s “Broker Dealer Financial Responsibilities” FAQ. It’s on-brand for a regulator that has made a steady series of changes to its crypto approach through informal guidance, industry correspondence and staff statements ever since its Crypto Task Force began work during the administration of President Donald Trump.

In this case, a new question No. 5 was added about what kind of “haircut” a firm should take on its holdings of stablecoins — the dollar-tied tokens such as Circle’s USDC and Tether’s USDT. The answer was 2%, meaning that instead of the previous understanding that such assets were not considered measurable against a broker-dealer’s capital tally (100% haircut), the firms will be able to count 98% of those holdings.

Securities and Exchange Commission FAQ (screen capture, SEC website)

“While this guidance does not create new rules, it helps reduce uncertainty for firms seeking to operate compliantly under current securities laws,” said Cody Carbone, CEO of the Digital Chamber.

This puts stablecoins on the same footing as other financial products.

“That means stablecoins are now treated like money market funds on a firm’s balance sheet,” Tonya Evans, a former professor who now runs a crypto education business and is on the board of directors at Digital Currency Group, wrote in a post on social media site X. “Until today, some broker-dealers were zeroing out stablecoin holdings in their capital calculations. Holding them was a financial penalty. That’s over.”

Before, the more stringent SEC limits meant those companies — firms registered with the SEC to handle customers’ securities transactions and also trade in securities on their own behalf — weren’t easily able to custody tokenized securities or act as a go-between for trading. Now the firms that follow this steer from the agency will be able to more easily provide liquidity, aid settlement and advance tokenized finance.

“Everywhere from Robinhood to Goldman Sachs run on these calculations,” Larry Florio, deputy general counsel at Ethena Labs, wrote in an explainer posted on LinkedIn. Stablecoins are now working capital, he said.

SEC Commissioner Hester Peirce runs the agency’s task force and issued a statement on the change, contending that using stablecoins “will make it feasible for broker-dealers to engage in a broader range of business activities relating to tokenized securities and other crypto assets.” And she said she wants to consider how the existing SEC rules “could be amended to account for payment stablecoins.”

That’s the drawback of informal staff policies — they’re as easy to reverse as they were to issue, and they don’t carry the weight (and legal protections) of a rule.

The SEC has been working on some crypto rules in recent months, but they haven’t yet been produced, and the process usually takes several months — sometimes years. Even a formal rule can still be reversed by a new leadership at the agency, which is why crypto advocates are pushing for more legislation from Congress that would set the government’s digital assets approach into law, such as last year’s Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act.

UPDATE (February 20, 2026, 22:23 UTC): Adds comment from Digital Chamber CEO.

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