Deutsche Bank Prepares to Lend Against Bitcoin

Michael Saylor believes that banks can lend against Bitcoin (BTC) without waiting for new legislation from Congress. Deutsche Bank is reportedly positioning itself to offer such loans once it secures necessary internal and regulatory sign-offs.

The MicroStrategy chairman pointed out that the CLARITY Act, which was meant to classify other tokens but not Bitcoin, has stalled in Congress. However, Bitcoin already has a settled legal status as a CFTC-regulated commodity with SEC-approved spot ETFs, so its path into bank lending doesn't depend on new legislation.

The Office of the Comptroller of the Currency (OCC) issued interpretive letters since March 2025 confirming that national banks may custody crypto assets and execute trades at customer direction. New York's adoption of updated Uniform Commercial Code rules in June gave lenders a clearer legal path to perfect a security interest in digital-asset collateral.

However, Saylor's argument runs thin on the ground he stands on. OCC interpretive letters are not statute but guidance, and a future administration or a court challenge can revoke them without a single vote in Congress. The CLARITY Act would lock Bitcoin's commodity status into law if passed by Congress.

Deutsche Bank announced it plans to launch regulated custody for Bitcoin, Ethereum, and select stablecoins for institutional and corporate clients by the end of 2026. Its custody launch is awaiting approval from BaFin, Germany's financial regulator under the European Union's Markets in Crypto-Assets regulation.