Banco de España compares US, UK and EU stablecoin regimes and flags arbitrage gaps
Banco de España staff set three stablecoin frameworks side by side: the EU's MiCAR, already in force; the US GENIUS Act, signed in July 2025 but not operative until 2027; and the UK's phased proposal due by end-2026. The piece dissects redemption rights, reserve composition, capital and crisis management, and explains why co-issuer structures such as Circle's split between its US parent and French subsidiary worry European authorities.
- MiCAR has applied to e-money tokens since June 2024, while the GENIUS Act is not expected to enter force until 2027 with a three-year transition, and the UK framework is due for approval by end-2026.
- MiCAR requires non-bank EMT issuers to hold minimum capital of €350,000 and own funds of 2% of average circulation, rising to 3% for significant issuers, with possible supervisory add-ons of 20% to 40%.
- MiCAR mandates at least 30% of the reserve in same-currency bank deposits, rising to 60% for significant e-money tokens.
- The ESRB published a Recommendation in September 2025 to prohibit multi-jurisdiction co-issuance schemes in Europe absent adequate safeguards, citing the disparity between Circle's US parent and its French subsidiary.
- USDT and USDC account for roughly 90% of global stablecoin volume, at capitalisations of around $190 billion and $80 billion respectively.