Governor Tim Walz signed HF 3709 into law on May 15, making Minnesota the first Midwestern state to establish an explicit framework allowing state-chartered banks and credit unions to provide virtual-currency custody services. The measure, now Chapter 93 of the 2026 session laws, takes effect on August 1 and permits eligible institutions to safeguard digital assets and private keys for customers in fiduciary or non-fiduciary capacities.
The law reflects growing concern that community lenders could lose customers, deposits and fee income as large financial institutions deepen their presence in crypto infrastructure. Banks, asset managers and trading firms have moved more aggressively into custody, tokenisation, stablecoins and exchange-traded products, reshaping a market once dominated by crypto-native platforms.
Representative Bernadette “Bernie” Perryman of St Augusta, a key author of the bill, has argued that keeping digital-asset activity within regulated Minnesota institutions could reduce the flow of money to out-of-state exchanges and offshore platforms. Supporters say the issue is not only about crypto speculation, but about whether local institutions can remain central to payments, savings and wealth management as younger customers adopt digital assets.
Community lenders see custody as a defensive and strategic move. Safekeeping crypto assets could help them retain customer relationships, generate service fees and build capacity for future products tied to blockchain-based settlement. For credit unions, the measure also offers a way to serve members who already hold digital assets but prefer dealing with a familiar regulated institution rather than a remote exchange.
The legislation does not give banks a free hand. Institutions must act in a safe and sound manner, maintain written policies on risk management, internal controls, cybersecurity, business continuity and compliance, and provide 60 days’ written notice to the state commissioner before launching custody services. Customer assets and access controls must be legally and operationally segregated from institutional assets, reducing the risk that a bank’s own financial position could affect client holdings.
Banks and credit unions may use qualified third-party service providers or sub-custodians, but oversight responsibility remains with the institution offering the service. That provision is central to the model expected to emerge, as many smaller lenders are unlikely to build proprietary digital-asset custody systems from scratch. Partnerships with specialist technology, insurance and compliance providers are likely to determine how quickly the law translates into live products.
Federal regulators have also softened earlier caution around bank involvement in crypto. National banking authorities clarified last year that banks may engage in crypto-asset custody and related execution services, provided they manage risks appropriately and comply with applicable laws. That shift has encouraged larger players, including U. S. Bancorp, based in Minneapolis, to revive or expand institutional bitcoin custody services.
Minnesota’s approach comes with a clear consumer-protection caveat. Digital assets held in custody will not receive the same federal deposit insurance protection as cash deposits. Customers who use bank or credit union custody services will still face market volatility, operational risk and legal complexity tied to the underlying assets. Institutions will also need to meet anti-money-laundering requirements, know-your-customer checks and suspicious-activity reporting duties.
The law was passed with broad bipartisan support, signalling that lawmakers viewed the measure less as a pro-crypto statement than as a competitiveness and regulatory-control issue. Its passage coincides with a separate state move to ban crypto ATMs and kiosks from August 1, reflecting a dual strategy: restrict high-risk retail access points while allowing supervised financial institutions to offer custody under stricter rules.
That balance could become a template for other states. Crypto ATMs have drawn scrutiny over fraud and money-laundering concerns, while bank custody is being presented as a safer channel for customers who want digital-asset exposure without managing private keys themselves. Minnesota is therefore not simply embracing crypto; it is trying to pull part of the market into the perimeter of regulated finance.
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