ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Tenth Circuit denies rehearing en banc in Custodia Bank’s lawsuit over master accounts

April 1, 2026
Reading Time: 3 mins read
Tenth Circuit denies rehearing en banc in Custodia Bank’s lawsuit over master accounts

Master account
Custodia Bank v. Federal Reserve Board of Governors and Federal Reserve Bank of Kansas City
Date: March 13, 2026

Issue: Whether en banc review was warranted for a Tenth Circuit decision ruling that Federal Reserve banks may reject master account requests from otherwise legally eligible entities.

Case Summary: On a 7-3 decision, the full Tenth Circuit denied rehearing of a three-judge panel decision ruling Federal Reserve banks may reject master account requests from otherwise legally eligible entities and that Reserve banks retain discretion over whether to grant such accounts.

Custodia sued the Federal Reserve Board of Governors and Federal Reserve Bank of Kansas City (the agencies), alleging they unlawfully refused to act on its master account application. Custodia claimed it submitted a valid application for a master account to the Kansas City Fed, but the agencies illegally delayed the application process. According to Custodia, the agencies must take final action on an application within one year under 12 U.S.C. § 4807. However, the district court ruled that the Kansas City Fed was not required to grant Custodia’s request for a master account, even though it was legally eligible, and that Custodia lacked standing because it did not challenge a final agency action under the Administrative Procedure Act.

On appeal, ABA filed a coalition amicus brief urging the Tenth Circuit to affirm, arguing the Fed and the Reserve banks have clear statutory discretion to grant or deny master account requests. ABA emphasized that Congress gave this authority to the Reserve Banks and warned that removing this discretion would endanger the safety and integrity of Fed services and the wider financial system.

In a 2-1 decision, a Tenth Circuit panel affirmed, ruling that Federal Reserve banks may deny master account requests from legally eligible applicants. The majority observed that the statutes and the Fed’s Guidelines give Reserve banks — not the Fed — the power to grant or deny master account requests. The majority also rejected Custodia’s argument that it had a statutory right to a master account. It explained that Section 342 of the Federal Reserve Act gives Reserve banks discretion to receive deposits, which includes the power to deny master account requests.

In December 2025, Custodia filed a petition for rehearing en banc. Custodia argued that the panel’s interpretation was incorrect because it misread the Monetary Control Act and ignored its clear command that the Fed must provide master accounts to eligible nonmember depository institutions. Custodia also argued the decision broke from the Fed’s longstanding practice and gave it unchecked discretion over access to master accounts. However, the full Tenth Circuit denied the petition without further commentary. In dissent, Judge Timothy Tymkovich warned that by endorsing unreviewable discretion to deny accounts, the panel “effectively handed the Reserve banks a veto over states’ chartering power.”

Bottom Line: The Tenth Circuit’s decision confirms that Federal Reserve banks have broad discretion to deny master account access.

Document: Order; Petition

Tags: Banking Docket
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: April 2026

Uncategorized
April 13, 2026

Compliance QOTM answers question on hiring incentives.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: April 13

Uncategorized
April 13, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: January through March 2026

Uncategorized
April 13, 2026

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. Section 314(a) of the USA PATRIOT Act allows information sharing between law enforcement and the private sector where...

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: April 6

Uncategorized
April 6, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA files amicus brief urging U.S. Supreme Court to review First Circuit’s Conti decision on NBA preemption

ABA files amicus brief urging U.S. Supreme Court to review First Circuit’s Conti decision on NBA preemption

Uncategorized
April 1, 2026

ABA filed a coalition amicus brief urging the U.S. Supreme Court to review a First Circuit decision that ruled the National Bank Act did not preempt Rhode Island’s interest‑on‑escrow law.

BarterPay sues Deutsche Bank and Pathward over MATCH list placement and transaction laundering allegations

BarterPay sues Deutsche Bank and Pathward over MATCH list placement and transaction laundering allegations

Uncategorized
April 1, 2026

BarterPay sued Deutsche Bank AG and Pathward N.A., alleging that they improperly contributed to its placement on the MATCH list by asserting that its transactions constituted transaction laundering.

NEWSBYTES

Fed chair nomination hearing scheduled for next week

April 14, 2026

Community banker tapped as FDIC chief innovation officer

April 14, 2026

ABA DataBank: Small-business optimism drops in March, uncertainty rises

April 14, 2026

SPONSORED CONTENT

Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026
Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

April 1, 2026
How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026

PODCASTS

Podcast: Capitalizing on opportunities to serve high-net-worth clients

April 9, 2026

Podcast: Are credit union commercial loans risky business?

March 30, 2026

Podcast: Risk and strategy in sponsor banking

March 19, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.