Marco Santori Profile picture
Sep 16, 2020 31 tweets 8 min read Read on X
🚨🚨🚨*BREAKING*🚨🚨🚨

@Krakenfx just won approval to create America’s first crypto bank.

World, please meet Kraken Financial. Kraken Financial, world.

Wait, a what? Kraken is a BANK?! How did this even happen?!

Allow me to threadeth. 👇
2. It all begins on this island call Yap

Heh, actually it begins in Delaware! You might remember from back in 2016 the Delaware Blockchain Initiative, an effort to build a bridge between a US state and the crypto industry.
3. We announced it at Consensus’ keynote that year coindesk.com/delaware-gover…. Then-governor Jack Markell made a joke about being Satoshi. He laughed. The audience laughed. Somebody did an ICO in the background. It was a simpler time.
4. Anyway, the DBI had several goals. We achieved some of them. For example, the amendment of Delaware law to permit a corporation to rely exclusively on the contents of a blockchain for its stock ledger. It was pretty cool! coindesk.com/delaware-gover…
5. But I wasn’t the only one who worked on the DBI. @AndreaTinianow and @CaitlinLong_ helped lead the charge - and there was still so much we weren’t able to get done, even working together...
6. For example, we really wanted new commercial laws for crypto ownership and custom regulatory licenses for crypto infrastructure companies. @CaitlinLong_, for one, suspected her home state of Wyoming could be a good fit for these efforts. Turns out she was right.
7. Thanks largely to Caitlin, the Wyoming Blockchain Task Force was formed and the legislature began considering the initiatives we couldn’t get done in Delaware. They didn’t stop there, though. Wyoming has far outstripped Delaware’s efforts to date.
8. As things started picking up speed in Wyoming, @krakenfx joined the process, acting as both advocate and educator on crypto and blockchain technologies. @jespow was personally involved.
9. One of the initiatives was the creation of a new kind of bank charter!

What can the bank do? It can take deposits, operate payment systems, and, of course, custody crypto for individuals and businesses and even some regulated entities 🔥🔥🔥
10. What can’t it do? Well for one, it can’t lend on fractional reserves. This is critical. Fractional reserves create risks that, in the US, trigger the Bank Holding Company Act and FDIC supervision under the FDI Act.
11. Since it can't engage in that risky activity, those laws don’t apply. It’s primarily regulated by the State of Wyoming Division of Banking. But…
12. It is also eligible to apply for an account at the Federal Reserve and can even seek membership. This brings with it solemn responsibilities, plus Fed supervision. It is a powerful tool, and I hope this becomes de rigueur for all applicants.
13. A crypto-focused bank would permit an efficient, transparent and responsible nexus between the traditional financial system and the crypto ecosystem.

At least that’s how @krakenfx saw it.
14. 👆 BTW for those who did not spend their youths exactly as I did, jacked into to a LAN, surrounded by beige boxes in someone’s poorly-insulated suburban garage until sunrise, that’s what a nexus looks like.
15. So, after many months of thinking, lawing, compliancing and writing, drafting and redrafting, Kraken filed the first application to become a Wyoming Special Purpose Depository Institution, or, as I self-cringingly refer to it: A crypto bank.
16. Did I say months? I meant inches. Here it is – in all its glory – I present to you an exclusive copy of @krakenfx’s actual bank charter application!
17. Then, just last month, to little fanfare, the Kraken team flew from around the world to Wyoming to make its case live in a public hearing before the Wyoming Banking Board.
18. For the lawyers out there: It was a contested case format pursuant to the Wyoming Rules of Administrative Procedure. We gave an opening argument, closing argument, questioned witnesses, etc.
19. Even made objections like I used to do in courtrooms as a real live litigator. Admittedly I was a little rusty. My performance was more My Cousin Vinny than To Kill a Mockingbird but the Kraken witnesses were the real stars – and they shone brightly.
20. Another Vinny gif because he deserves it. He inspired this middle-class Italian-american kid with a weird accent (now trained away…mostly), born to a *very* immigrant family, and raised by a bank teller(!), to leave home and take a shot at lawyering.
21. Anyway, early this morning, the Wyoming Banking Board unanimously approved @krakenfx’s application. We are over the moon.
22. Here at Kraken we stan Wyoming.

It’s true! Wyoming has proven itself forward-thinking and thoughtful about how to mitigate real risks in effective ways. There is, refreshingly, no “regulating for regulation's sake” in the SPDI framework.
23. Some of our team has already moved to Wyoming and, yes, we’re opening an office in Cheyenne.
24. With @Kinitsky at the helm, Kraken hopes to offer:

-Digital asset custody
-Checking and savings accounts
-Wire transfers
-Trust accounts
-Online and mobile banking UIs
-Debit cards
-Account management services
-Little chained-up pens; and
-Deposit verifications
25. So congratulations to the Kraken team – particularly to the compliance team which unceasingly impressed me with their extensive knowledge, sound judgment and ability to be both nocturnal and whatever the opposite of that is, but at the same time somehow.
26. “diurnal”. Huh.
27. Of course, congratulations to the Kraken legal team, a lean, mean, banking-lawyer-machine to which I am quite partial and wholly reliant. Heartfelt thanks to our outside banking counsel at @DLxLawLLP and our local counsel @MDKaufman307.
28. So what’s next for the Kraken team? Nothing. We’re completely done here and no more work ahead of us at all until the bank just autonomously commences business with all these polished products in a few months. Vacation time. Cash me outside on a beach somewhere.
29. Now stop reading twitter and oggle our bloggle for more information, without prejudice, subject to change, and not for reliance: blog.kraken.com/post/6241/krak…
the starcraft replies might be the best part of this thread

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More from @msantoriESQ

Aug 23
Today, the Federal Court for the Northern District of California ruled, as matter of law, that none of the tokens trading on Kraken are securities.

This is a significant win for Kraken, for the principle of clarity and for crypto users everywhere. It also confirms Kraken’s long-standing position that it does not list securities. 1/
2/ Furthermore, the Court found the SEC’s self-serving invention of the “crypto asset security” concept to be “unclear at best and confusing at worst.”
3/ The Court called out the SEC’s straw man tactics, too, wondering aloud and on the record why the SEC consistently mischaracterizes Kraken’s position as requiring a “written contract” for there to be a security.
Read 10 tweets
May 10
Last night, @krakenfx fired back at the SEC with its final brief in the motion to dismiss the SEC’s complaint.

The SEC had its opportunity to tell the Court what, precisely, is the investment contract that supposedly trades on Kraken.

But they couldn't. 1/🧵
2/ Instead of identifying a contract, the SEC argued there are investment-like “expectations” and “investment concepts” in the air and those should be good enough.
3/ Instead of identifying a common enterprise (required by the law), it said there is an “ecosystem” and that should be good enough.
Read 8 tweets
Mar 1
Last week: You read @krakenfx's motion to dismiss the SEC’s case against crypto.

Today: You’re reading about “a regulatory power grab,” how “the SEC has appointed itself crypto regulator“, and that ”the SEC… puts consumers at risk”

But wait. That’s not Kraken talking. That’s eight State Attorneys General in a new, explosive court filing.

Here’s what just went down.

(Tell your lawyer to read this thread👇)
2/ Kraken has long advocated for clear, concise rules for digital asset exchanges from Congress. There are multiple bills pending right now on both sides of the hill.
3/ Kraken even testified before both the House Financial Services Committee and the Agriculture Committee. We testified that Congress should make new rules that limit the SEC’s jurisdiction in favor of other agencies.
Read 23 tweets
Jan 4, 2021
Kraken has published its response to the Treasury’s midnight rule on self-custodied wallets. The response is not short. It is not polite. It concludes with an important message:

Regulating crypto companies punishes the regulator.

How? Read on. 1/

blog.kraken.com/post/7379/krak…
Regulating a traditional bank is easy: If a proposed regulation forces the bank to provide the information the regulator wants, then implement the regulation and collect the information. EZPZ. /2
Doesn’t matter if compliance is costly. Regulator still gets the info it wants. Doesn’t matter if those costs are passed on to the customer. Regulator gets its info. Makes the UX cumbersome? Doesn’t matter. Regulator gets info. Risky for users? Too bad. Regulator gets info. /3
Read 15 tweets
Dec 21, 2020
WAP

Weak
Administrative
Procedure

Others have objected on procedural grounds. I want to explain why the proposed rule is itself shameful:

It outlaws sending money to the poor.

blog.kraken.com/post/7286/finc…

Kraken blogged. I share further thoughts in this thread👇 1/
2/ The story of this rulemaking actually starts in 2013, when Jennifer Shasky Calvery (then FinCEN Director) first suggested publicly that a VCTR – a virtual currency transaction report – would be valuable in fighting financial crime.
3/ It was about as well-received by the community as you might imagine. But even then, the proposal was just “A CTR for bitcoin” - not the VCTR you see before you today. What is a CTR and why is the VCTR totally different?

Read on.
Read 13 tweets
Dec 7, 2020
🚨🚨🚨 1/ If true, this is amazing. Unprecedented. This would represent the first ever transmogrification of a token from a security to a non-security, where the journey was explicitly blessed by the SEC.
2/ "Dude I don't care about a new internet or staxxx or whatever"

You should. The question of how a utility token can enter the world a security but then become a non-security has been open - painfully open - for years. SEC just blessed one very specific answer.
3/ @muneeb is really the one who should be doing this thread, since he lived this struggle. But from what I could see as a lawyer sometimes involved in Stacks transactions, it has been a long and complex road to compliance, complete with forks and detours.
Read 13 tweets

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