Weekly · Regulation of Digital Assets and AI · October 18–24, 2026
Key points
- The OCC issued rules implementing the GENIUS Act for stablecoins and proposed reporting forms for the licensing of issuers.
- The FCA announced the immediate implementation of 6 out of 7 recommendations from the Mills review in its live supervision of AI use in financial services.
- ESMA published final requirements for Post-Trade Risk Reduction (PTRR) services for clearing exemptions under EMIR 3.
- FINMA approved the first retail fund in Switzerland to invest directly in Bitcoin, with a focus on investor protection.
- The UK approved the Overseas Prudential Requirements Regime rules, repealing parts of the CRR from 1 January 2027.
Implementation of the GENIUS Act in the US
On 23 October 2026, the OCC issued rules implementing the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) regarding the issuance of payment stablecoins by entities under OCC jurisdiction. On the same day, the regulator proposed two information collections: forms for weekly and quarterly reporting by authorized issuers and foreign issuers, as well as applications for licensing or registration to issue payment stablecoins in the US. Both proposals were sent to the OMB for review in accordance with the Paperwork Reduction Act of 1995.
This step moves the implementation of the GENIUS Act from the stage of a legislative framework to specific regulatory requirements and reporting procedures. For stablecoin issuers, this means the emergence of a clear path to licensing, although the final reporting forms have not yet been approved by the OMB.
FCA Supervision of AI in Finance
On 19 October 2026, Jessica Rusu, the FCA’s Chief Data, Information and Intelligence Officer, stated that the regulator is immediately implementing 6 out of 7 recommendations from the July Mills review into its current work. The FCA uses testing, assurance, monitoring, and supervision to control the deployment of AI in financial services.
The regulator noted that trends foreseen by the Mills review are already manifesting, including the shift toward an agentic financial system (for example, the launch of Meta’s Muse) and consumers’ use of general-purpose LLMs such as ChatGPT, Gemini, and Claude to obtain financial information and advice. This marks a transition from descriptive assessment to active supervision, where the review’s recommendations become part of the regulator’s operational practice.
PTRR Rules under EMIR 3 in the EU
On 20 October 2026, ESMA published a final report specifying requirements for providers and users of Post-Trade Risk Reduction (PTRR) services under EMIR 3. The requirements establish conditions under which certain over-the-counter derivative transactions may be exempted from the clearing obligation, with safeguards for providing PTRR and monitoring of exemptions to prevent abuse.
The publication of final requirements moves the clearing exemption via PTRR from the realm of policy direction to mandatory conditions for market participants. Firms using over-the-counter derivatives must align their control mechanisms with these requirements before relying on the exemption.
Retail Access to Bitcoin in Switzerland
On 20 October 2026, the Swiss Financial Market Supervisory Authority (FINMA) approved the first retail fund in Switzerland to invest directly in Bitcoin. The regulator stated that the approval prioritizes investor protection and transparency.
This event creates a new channel for retail investors to access Bitcoin under FINMA supervision. The approval sets a precedent that may serve as a template for future funds, provided they meet the standards of transparency and investor protection defined by the regulator.
UK Prudential Regime
On 22 October 2026, the UK approved The Overseas Prudential Requirements Regime (Credit Institutions and Investment Firms) Regulations 2026 (S.I. 2026/1116). The rules repeal parts of the Capital Requirements Regulation in accordance with the Financial Services and Markets Act 2023, with the repeal of articles 81(1)(a)(iii), 82(a)(iii), 107(4), 114(7), 115(4), and 116(5) taking effect on 1 January 2027.
The approval of the rules fixes the legal mechanism for determining the equivalence of third-country prudential requirements. This creates certainty regarding the effective date of the changes but leaves open the question of which specific third countries will receive equivalence status.
Harmonization of Communication Rules in the US
On 20 October 2026, the SEC issued an order approving a proposed rule change to FINRA Rule 2210 (Communications With the Public), published in the Federal Register as document 2026-21393. On 22 October, New York Stock Exchange LLC filed a rule change proposal to harmonize NYSE Rule 3220 with the FINRA changes, which took effect immediately.
These actions synchronize public communication requirements between two major US self-regulatory organizations. Firms operating in US securities markets must align their communication processes with the updated rules.
What This Means
If you are developing or using AI-based financial products, supervision is becoming operational: the FCA is already applying testing and monitoring tools to agentic systems and LLMs, which requires readiness for continuous auditing of algorithms and data sources.
If you are a stablecoin issuer or digital asset investor in the US, the emergence of OCC rules and licensing procedures means a transition from a gray zone to regulated activity with mandatory reporting; if you are operating in Switzerland, FINMA’s approval opens legal retail access to Bitcoin, but with strict transparency requirements.
If you participate in the EU over-the-counter derivatives market, ESMA’s final PTRR requirements make clearing exemptions conditional and dependent on compliance with specific safeguards; if you are a UK or international credit institution, the repeal of parts of the CRR from 1 January 2027 requires tracking third-country equivalence decisions to maintain market access.
Monitor OMB decisions on OCC reporting forms and the publication of initial equivalence determinations by the UK Treasury: if the OMB approves the forms, stablecoin issuers will be able to apply for licenses; if the UK does not publish equivalence determinations by the end of the year, transactional uncertainty will persist.
Under the Radar
A series of routine SNB publications (monetary policy data on 19 October, economic data on 21 October, and a summary of the September 2026 assessment discussion on 22 October) forms the current context for interpreting Swiss monetary policy, although they do not contain new signals of a policy shift.
In the UK, a package of rules regarding union access to workplaces and leave for union activities takes effect on 30 October 2026. This affects employer operational procedures but is not a financial regulatory change.
Regular SEC requests to the OMB for extensions of information collection (Form N-2, rules for municipal advisors, etc.) indicate stability in current reporting requirements without significant changes in the near term.
Our read
The period is characterized by increased regulatory certainty in the digital assets and AI segment, shifting the balance toward stricter control rather than relaxation. In the US, the OCC moved the implementation of the GENIUS Act into specific rules and licensing procedures, while in Switzerland, FINMA legalized direct retail access to Bitcoin, indicating a consolidation of regulated frameworks for crypto-assets in key jurisdictions. In the EU and UK, AI supervision and prudential requirements are also entering a stage of active implementation: the FCA is implementing Mills review recommendations in live supervision, and the UK is fixing dates for the repeal of parts of the CRR.
On the convergence axis, there is partial alignment of standards for digital assets (the US and Switzerland are expanding regulated products); however, in the prudential sphere, the UK is moving along its own path, repealing parts of the CRR and creating an independent Overseas Prudential Requirements Regime, which may lead to fragmentation of equivalence standards. In the US, the harmonization of FINRA and NYSE communication rules demonstrates internal coordination but not global convergence.
Supervisory intensity is growing: the FCA is transitioning from assessment to testing and monitoring, while the OCC and ESMA are publishing mandatory requirements and reporting forms, signaling a shift from guidance to enforcement-ready infrastructure. A contrary signal would be a delay in OMB approval of reporting forms or the absence of equivalence publications in the UK, but current regulator actions indicate consistent movement toward formalization. The overall signal is clear: regulatory frameworks for new financial technologies and cross-border activities are becoming stricter and more operationally significant.
This digest was produced automatically by a large-language-model system from the regulator publications and official sources listed below; it is AI-generated content and may contain inaccuracies. It is not legal advice — verify wording and deadlines against the original documents.
Sources
- The FCA said it is embedding most Mills Review recommendations into live AI supervision for financial services — fca.org.uk
- FINMA approved Switzerland's first retail fund to invest directly in Bitcoin — finma.ch
- ESMA published final requirements for using post-trade risk reduction services under EMIR 3 — esma.europa.eu
- The UK made regulations for the Overseas Prudential Requirements Regime for credit institutions and investment firms — legislation.gov.uk
- The OCC issued regulations and proposed reporting collections implementing the GENIUS Act for payment stablecoins — federalregister.gov (+1)
- The SEC approved FINRA's Rule 2210 amendment and NYSE filed a harmonising Rule 3220 change — federalregister.gov (+1)