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OX85 WORKING PAPER № 14  ·  NOTE

What counts as yield?

The OCC finalized its stablecoin rules, dropped the presumption the Fed had copied from it, and declined to define the word
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A month ago, writing about the Federal Reserve's proposals under the GENIUS Act, we said the two variables that decide competition were left open as questions, and named the first: how far the ban on paying holders reaches. If an affiliate may pay a holder for holding, the instrument competes with a deposit on price. If it may not, it is a payment rail.

On 23 October the Office of the Comptroller of the Currency published its final rule, effective 18 January 2027. It answers that question for every issuer it supervises, and the answer is that the rule will not say.

The ban is in the statute.
The boundary is in supervision.

1  What The OCC Proposed In March

The statute is short. A permitted issuer may not pay "interest or yield to a payment stablecoin holder solely in connection with the holding, use, or retention of such payment stablecoin." The difficulty is the word solely, and the obvious route around it: the issuer does not pay the holder, an affiliate or a partner does.

The OCC's proposal of 2 March closed that route with a presumption. Where an issuer had an arrangement to pay interest or yield to an affiliate or related third party, and that party had an arrangement to pay the issuer's holders for holding, the payment was presumed prohibited. The issuer could rebut it in writing.

The Federal Reserve built its own proposal on that design. Its proposed section 247.10(c)(4)(i) adopts the presumption and says why in plain terms: the Board is "proposing to follow the approach proposed by the OCC."

2  What The OCC Took Out

The final rule removes it. "After reviewing the comments, the OCC has determined to eliminate the rebuttable presumption from the final rule." The reason given is the stage of the market: "Because payment stablecoins are a nascent market, the OCC does not believe that it is appropriate to impose a rebuttable presumption with respect to the yield prohibition at this time." And a reason of design: the presumption "could have been both overinclusive and underinclusive," catching permissible arrangements while implying that anything outside it was fine.

It goes further than removing the test. Asked by commenters to say which rewards count, the OCC "has decided not to define the terms 'interest' or 'yield,'" and is not publishing a list of permitted or prohibited arrangements. In place of all of it: "the OCC will initially monitor arrangements with permitted payment stablecoin issuers and foreign payment stablecoin issuers as part of its review of issuers' applications and ongoing supervision of such entities. Where it identifies transactions that violate or evade the yield prohibition, the OCC will take action and provide the public with additional guidance regarding such actions and interpretations, as appropriate."

The anti evasion power is kept. "Although the OCC is eliminating the rebuttable presumption from the final rule, the OCC emphasizes that the OCC retains its authority to address evasion." Nothing has been permitted. What has changed is when the line is drawn. Not in the rule, before anyone builds. In supervision, after someone has.

3  Framework · Two Regulators, One Clause

OCCFederal Reserve
StatusFinal rule, published 23 October, effective 18 January 2027Proposal, published 29 September, comments close 30 November
Affiliate and third party paymentsNo presumption. Arrangements monitored in supervisionPresumed prohibited, rebuttable in writing
Definition of interest or yieldDeclinedAsks whether the terms should be clarified
How the boundary gets drawnEnforcement action, then published guidanceA written test before the arrangement, with a rebuttal route
The deposit questionSummarised in the comment record, answered with monitoringPut directly to commenters: what impact would either prohibition have on bank deposits

The Fed copied a clause from the OCC, and the OCC deleted it while the Fed's comment period was still open. Unless the Board follows, a national bank's issuing subsidiary and a state member bank's will operate under different tests for the same statutory sentence.

4  Where The Line Moved

The comment record the OCC summarises shows what was at stake. Commenters favouring a broad ban argued that rewards programs "could act as an evasion of the prohibition," would "blur the line between payment and investment instruments," and that excluding them "could negatively impact competition between highly regulated banks and less regulated entities." Some cited estimates that deposits could fall by trillions of dollars. Commenters on the other side argued that transaction based rewards, and rewards funded independently by third parties, are not interest or yield at all.

The OCC chose neither side's text. It chose discretion. That has a familiar shape. In July we argued that the binding constraint in this area is the allocation of enforcement rather than the definitions. In August we described an SEC safe harbour where the issuer certifies and the test is applied afterwards. This is the third instance in three months of the same design: the rule states the prohibition, declines to specify its edge, and leaves the edge to be found by whoever acts first and whoever enforces after.

For anyone designing a rewards program around an OCC supervised issuer's stablecoin, the cost has moved. Under the proposal it was the expense of a written rebuttal before launch. Under the final rule it is the risk of an enforcement action after launch, priced without a definition to price against.

5  The Other Side

Five arguments cut against this note.

The prohibition is unchanged. The statute bans paying holders for holding, the anti evasion authority is intact, and removing a presumption is not a permission. A program that is yield in substance remains prohibited; what it loses is the certainty of knowing in advance.

The OCC's reasoning is sound on its own terms. A presumption that is both too wide and too narrow is a poor tool, and supervising a new market through applications and examinations before writing bright lines is how banking regulators usually proceed. Guidance that follows real cases may be better guidance.

The scope is limited. This rule binds entities under the OCC's jurisdiction. The Fed's proposal is open, and the Board may yet finalize its presumption, follow the OCC, or land somewhere between.

The deposit estimates are advocacy. They appear in the OCC's summary of what commenters said, not as findings of the OCC, and we do not adopt them.

And nothing has been tested. The rule takes effect in January. Until the first issuer is supervised under it, discretion is a description, not a record.

6  What Would Settle It

If the Fed follows the OCC, the edge of the yield ban will be drawn case by case across the whole bank track, and the first enforcement action will matter more than any comment letter. If the Fed keeps its presumption, the same statutory sentence will carry two tests depending on which regulator charters the parent.

7  Sources

Quotations are taken from the primary documents. Retrieval 26 October 2026.

On sourcing, and on what we did not use. Estimates of deposit outflows appear only as the OCC's summary of commenters' views and are not used as findings. We did not read the FDIC's pending GENIUS Act proposals beyond confirming their status in the Federal Register. Our September paper said the Federal Register date of the Fed's proposal was unconfirmed; it was published on 29 September, with comments due on 30 November. The OCC's changes to capital and operational backstop requirements are not covered here.

This note is published for informational purposes and does not constitute investment, legal or tax advice. It describes a final rule that takes effect in January 2027 and a pending proposal that may change before adoption. It is not a recommendation regarding any security or digital asset. Figures and quoted language are as of the dates stated.

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