1/ GREAT ARTICLE abt how financial mkt plumbing really works, incl the real reason why Lehman failed & why the same probs still mostly exist: #rehypothecation + a shortage (!) of collateral despite frenzy of new govt debt issued. @JeffSnider_AIP @RaoulGMI realclearmarkets.com/articles/2020/…
2/ But lemme connect 3 dots abt how it relates to #crypto

* There's a SHORTAGE of collateral (T-bills, etc)--the stuff big dealer banks NEED in order to fund themselves. Facebook Libra/Diem could worsen that shortage a lot, so you can see why central bankers view it as a threat.
3/ The #repo mkt periodically has disruptions caused by collateral shortages/undercapitalization of the big dealer banks. @JeffSnider_AIP looks at March 2020 in this piece but many other examples exist, eg Lehman in 2008. When repo mkt seizes up, the probs ripple across fin mkts.
4/ So, it's a big problem when pools of T-bills & other #HQLA become squirreled away outside the banking system PLUS outside the reach of the #repo mkt. (I got to interview expert Dr. Singh of the IMF abt this on @RealVision.) For #crypto now, the issue is Facebook Libra/Diem,...
5/ ...but generally stablecoins issued by non-banks other than Facebook will eventually pose the same problem. These are small now but they've quadrupled since March & are still growing at that rate. Beware--big #stablecoin collateral silos would pose big probs!🧐🚧

Next point..
6/ * Earlier this yr I noted it was significant that a G-SIB moved the head of its #repo desk to run digital asset desk--in LONDON!😱@JeffSnider_AIP's article should connect the dot about London:

"Regulatory arbitrage in the presence of non-harmonised #rehypothecation regimes."
7/ Jeff's article explains it well (London doesn't limit #rehypothecation while US does--was true at time of Lehman & still true.) So...connecting dots...there's a collateral shortage, and #Bitcoin is pristine collateral,...and London allows unlimited rehypothecation...🤔
8/ As Gretzky said, you gotta skate to where the puck is gonna be, not where it is. It seems at least one G-SIB is indeed doing that. This isn't just abt #bitcoin--bc #stablecoins issued by banks (NOT non-banks) are coming to #repo mkts too. #Wyoming figured this out 2 yrs ago..
9/ ...and that's one reason why #Wyoming set up a special, non-lending type of bank charter (#SPDI) designed to bridge #crypto & traditional mkts responsibly. The US needs that. Why? It connects to my last point:

* BEWARE: #crypto & leverage don't mix. 🚧🚨
10/ ...@JeffSnider_AIP's piece gives background--there's big leverage in #repo mkts + the length of collateral chains isn't clear. So why can't this mix w/ #crypto? Bc there's no lender of last resort in #crypto + crypto trades settle in minutes w/ irreversibility. So different!
11/ IMHO there's ONLY ONE way to mix #bitcoin & leverage in a compatible way that doesn't pose financial stability risk: set up special-purpose, ring-fenced, non-leveraged banks w/ a collateral chain limited to 1x (ie, no #rehypothecation). In other words...
12/ ...#rehypothecation & #bitcoin don't mix!

(Rehypothecation + bitcoin + leveraged G-SIBs ESPECIALLY don't mix!!🚧)

Mixing bitcoin & leverage is hi risk (both hi loss probability + hi loss severity)--no LOLR, fast settlement w/ finality.

As G-SIBs enter #crypto they will..
13/ ...want to use these new assets to alleviate #repo mkt's collateral shortage. I've been thinking abt how to marry #crypto & trad financial systems for yrs & I think only #Wyoming has legal & regulatory regime to do it in right way so far. And that includes #custody.
14/ ...Others will catch up, I'm sure. And that will be good for everyone. There's too much at stake to get this wrong!!

PS--here's my interview w/ Dr Manmohan Singh on @RealVision abt collateral re-use. We don't always agree but he has taught me a lot!🙏realvision.com/caitlin-long-a…

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More from @CaitlinLong_

11 Nov
As #Ethereum works thru its #hardfork, worth asking these ?s abt your exchange/custodian:
* if it no longer supports the old chain, can it just break its contract w/ you?
* can it keep the forked coins or must it give them to you?
#Wyoming law has consumer protections for this!🤠
It's situations like this that will REALLY set apart exchanges/custodians using #Wyoming law to govern their contracts w/ US customers. 🤠Non-Wyoming law intermediaries tend to have contracts that favor the intermediaries🙁, & courts tend to uphold them:
coindesk.com/appeals-court-…
3/ One thing seems clear--there will be more litigation in the US for situations like this (bc there's more value involved now vs past). Also Cred bankruptcy, which is first substantial #crypto bankruptcy in US courts, has already attracted attn of consumer protection advocates
Read 4 tweets
9 Nov
BIG NEWS FROM SEC🚨-clarity in US #crypto regulation did come w/ #Wyoming's Oct 23 #NoActionLetter regarding #qualifiedcustodian (SEC just confirmed)

tl;dr=SEC Custody Rule favors banks as QCs, bc state trust cos may not give as much protection as banks

sec.gov/news/public-st…
2/ Lack of clarity has kept the HUGE #RIA & asset mgr market out of #crypto but this should help. Sum:

* banks are #qualifiedcustodian by def'n, but
* state-chartered trust cos may not be

RIA must defend that a state trust co provides as much protection as a bank, broker, FCM.
3/ Consider how SEC frames the ?s:
* do state trust cos have "characteristics similar to" institutions "SEC has identified as QCs" (ie, state trust cos aren't in group SEC identifies as QCs)
* wld state trust co as QC add gaps/enhancements? (again the ? presumes they're not QCs)
Read 6 tweets
28 Oct
1/ HEY CRYPTO LAWYERS: buckle in bc a big piece of US #crypto regulatory puzzle fell in place yesterday. Culminates >2yr process, coordinating w/ SEC & other regulators, to clarify "#qualifiedcustodian." #NoActionLetter by #Wyoming Banking Division🤠here:
docs.google.com/viewer?a=v&pid…
2/ Here's an article from @ForbesCrypto's @AndreaTinianow & a post from McDermott Will & Emery, the attorneys who obtained the letter for @TwoOceanTrust of #Wyoming.

So...WHAT DOES IT REALLY MEAN??? 🤔

mwe.com/media/mcdermot…

forbes.com/sites/andreati…
3/ Follow along! Under SEC Custody Rule & SEC Customer Protection Rule, #RIAs (Registered Investment Advisers) & investment managers must hire a #qualifiedcustodian to store customers' assets.

But traditional custody banks can't/won't touch #bitcoin & other #crypto right now.
Read 22 tweets
2 Oct
1/ FASCINATING MOVE by SEC on whether a trust company qualifies as a bank under its rules. This enforcement action doesn't pertain to #crypto specifically but it applies broadly to the key question--does a trust co qualify as a bank under SEC custody rule?
sec.gov/enforce/33-108…
2/ Answer was a resounding "NO" in this case--the trust co didn't qualify for exemptions that apply to banks bc trust co didn't exercise "substantial investment authority." This is a KEY POINT--a trust co that doesn't act as a fiduciary is NOT A BANK under SEC's rules.
3/ This is one of the big reasons why #Wyoming created #SPDI bank charter--bc trust cos are prob not qualified custodians under SEC rules. To be a bank under SEC rules custodian must either (1) take deposits or (2) act as fiduciary. Trust cos can't take deposits (only banks can).
Read 8 tweets
26 Sep
WHOA! What a speech by @CynthiaLummis (almost certainly about to become a US Senator) re why #bitcoin is a store of value, which may rise to be an alternative to the US dollar."I bought my first #bitcoin in 2013 bc I believe in the economic power of scarcity...now I'm a HODLer"🤠
HOLY COW--this is a stunning speech!
She just attacked the Bank Secrecy Act!
Read 7 tweets
16 Sep
1/ IT'S OFFICIAL!!! Welcome to #Wyoming, @krakenfx!

🐙+🤠=🔥🚀🎉

What a win-win for #crypto & Wyoming! As of **NOW** Kraken has a US bank charter—a 100% reserves-required, audit required (w/ #ProofOfReserves), custody via legal bailment, no #rehypothecation type of bank!🤠
2/ The vote of #Wyoming's Banking Board just concluded & it was UNANIMOUS! It took 27 months for the first #Wyoming SPDI to obtain a charter—congrats to the dozens of people who made it happen, esp @GovGordon, @TylerLindholm & Wyoming legislators & the Wyoming Division of Banking
3/ I’ll be back w/ more analysis later. Next applicant in line for #Wyoming SPDI is @AvantiBT later this Fall (more are on the way). But today is @krakenfx's day. As a shareholder, I'm so happy for @jespow & Kraken team! Applications for this charter opened a yr ago--took longer
Read 5 tweets

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