Caitlin Long 🔑⚡️🟠 Profile picture
Jun 6, 2021 14 tweets 9 min read Read on X
1/ THREAD ABOUT A HISTORIC DAY in #bitcoin: #ElSalvador president publicly announced support for legislation to make #BTC legal tender. *IF* it does become law, it wld have many secondary effects. Steel yourselves bc a big fight on this probably coming tho
businesswire.com/news/home/2021…
2/ I dunno anything about politics in #ElSalvador, but the world is about to pressure it given what's at stake (see details below). But before turning to that, SERIOUS HATS OFF🤠to President Bukele, @JackMallers & @Blockstream for pulling this off. Guys this is REALLY big!!! 🙏👋
3/ OK let's dig in. Here's a tl;dr: *IF* #ElSalvador adopts legislation to make #bitcoin legal tender, bitcoin:
* likely gets status as "money" so treated on par w/ foreign currency by banks
* possibly gets "cash" accounting treatment under USGAAP/IFRS (solves #BTC adverse acctg)
4/ That's why this is likely gonna be a knockdown fight: it MAY be a back-door way to enable banks to handle #bitcoin + MAY solve #bitcoin's lower-of-cost-or-market acctg problem. Politicized immigration debate in US probably comes into play too. Incumbents WILL try to block this
5/ What's the big deal--what's "legal tender" anyway? It's a commercial law term (means citizens must accept "X" if offered in payment of an obligation in exchange for delivering property). Legal tender is key to commercial law, which is THE foundational layer of any legal system
6/ In 2018, some in #Wyoming wanted to make #bitcoin legal tender, as Wyoming had already done w/ gold & silver. Article 1 Section 10 of US Constitution mentions gold & silver explicitly, but making anything else legal tender in US requires amending the US constitution.
7/ So, it wasn't possible to make #bitcoin legal tender in the US without amending the US constitution. I thought at the time another country might do it though, & thereby open the door to treatment of #bitcoin as "money" under commercial law + "cash" under acctg rules.
8/ TO BE CLEAR, I'm not an accountant so making an educated guess. Accountants, please chime in!! #bitcoin is treated as an "indefinite intangible" which means lower-of-cost-or-market, but if it's a foreign currency it gets mark-to-market up & down. @michael_saylor will be happy.
9/ And, if I'm right, other corporate treasurers could also buy #bitcoin w/o facing its punitive accounting treatment--they'd now account for it like any other foreign currency. No more adverse accounting=>more companies start holding #bitcoin. But accountants, please chime in!
10/ Back to the law. Commercial law lays out the rights & obligations of parties when exchanging property + establishes a road map for judges to adjudicate disputes. @Andrea_Tosato was first to identify the REALLY REALLY BIGGIE 🎉🚀:
11/ YEP YOU GOT IT--*IF* #ElSalvador does pass legislation to recognize #bitcoin as legal tender, #BTC would v likely become *MONEY* under US commercial law (law.cornell.edu/ucc/1/1-201: "Money means a medium of exchange currently authorized or adopted by a domestic or foreign govt")
12/ What's the significance? Well, it means #bitcoin would gain special status in banking systems globally. Banks would likely treat it as any other foreign currency. #Bitcoin *MAY* get back-door favorable treatment under bank capital requirements (Basel 3, etc).
13/ The knock-on effect of #ElSalvador's announcement is that other countries may now follow. One likely candidate has always been Russia, which has been gradually de-dollarizing since before the 2008 financial crisis. Will be v interesting to watch the foreign policy moves🍿👀🧐
14/ However this plays out, it's a historic day for #Bitcoin & it advances adoption no matter how it plays out. Wonderful for all involved. Congrats to everyone--most especially to the people of #ElSalvador! 🇸🇻💪

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Caitlin Long 🔑⚡️🟠

Caitlin Long 🔑⚡️🟠 Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @CaitlinLong_

Nov 24, 2023
QUIET PART OUT LOUD: they're rightly worried abt Hong Kong via USD stablecoins becoming a hub for USD clearing that's outside US's reach, while the US dithers. But it's not just HK. Obvious fast path for Milei to dollarize Argentina is via USD stablecoins.
ft.com/content/39f101…
2/ 👇But the US (under Sen Warren's control of the Biden Admin's financial svcs policy) is blocking everyone working on regulatory-compliant USD stablecoins, while letting big banks continue to build their own versions.😡 But the world already blew past the walled-garden versions Image
3/ And Warren has admitted what she's really up to: she wants a retail #CBDC in the US. And since she controls the Biden Administration's financial services policy, the US is heading toward a CBDC as long as Biden remains in power.
Read 14 tweets
Aug 4, 2023
1/ OH BOY...#PrimeTrust's failure just took a BIG turn--its receiver today filed to put it into voluntary Chapter 11 (federal bankruptcy). I was afraid for Prime Trust customers of this very outcome & discussed why in the debate w/ @mikebelshe on @zGuz's podcast last month. Image
2/ In that debate, I laid out why banks as legal entities better protect customers than state-chartered trust companies in the event of failure--bc the federal bankruptcy process is designed to bring assets into the estate, while bank receivership is designed to protect customers
3/ As a state-chartered trust company (not a bank), #PrimeTrust cld be dragged into federal bankruptcy--& indeed that's now happening. In that debate I mentioned case law precedents where state-chartered non-banks tried to prevent being dragged into federal bankruptcy, but lost.
Read 15 tweets
Jul 20, 2023
1/ 🚨ON THE DAY #FedNow is scheduled to launch, I noticed something...interesting, shall we say. 🤔Among the list of banks & credit unions in the Fed-authorized 1st group of participants is a #fintech--& it's a European fintech, not even an American one. So I went digging... Image
2/ But wait, you're thinking, how does a #fintech even have a Fed master account so it can qualify to clear US$ payments at the Fed--isn't the Fed keeping #fintechs out???

Yes, yes it is--except for certain fintechs. Europe lets its fintechs qualify for special bank charters. Image
3/ And the Fed lets foreign bank branches have Fed master accounts.

Curiously, tho, the Fed let Adyen open its Fed master account in July 2020 (screenshot ^), but the Fed didn't approve Adyen's US branch until May 2021. Folks--that's..."interesting."
federalreserve.gov/newsevents/pre…
Read 5 tweets
Jul 1, 2023
1/ BIG NEWS for #fintech! A sixth US state--Idaho--is willing to charter uninsured, non-lending, 100% reserve banks that are eligible for Fed master accounts (the other states are CT, ME, NE, VT & WY). This trend could turn the "bank-as-a-service" (#BaaS) model on its head!!!!!
2/ The revelation was buried deep in the Fed's master account database (which Congress had to force the Fed to release--which it did late on a Friday afternoon before the Juneteenth 3-day weekend. Hoping no one would see it???) It's a #GiftThatKeepsGiving.
federalreserve.gov/paymentsystems…
3/ Here's a recent blog post I wrote about the power of U.S. state to charter banks & federal law requiring federal bank regulators to respect the chartering decisions of the bank chartering authorities, which do the weeding out.
https://t.co/dEpudBsrYBcaitlin-long.com/why-defending-…
Read 8 tweets
Jun 29, 2023
TWEET 🧵on state-chartered trust companies, #PrimeTrust & whether customer funds are really theirs amid a failure. I responded to the below tweet from @mikebelshe but the thread was cut up, so I'm re-posting here in whole. First, Mike's tweet & then my 11-tweet response in whole:
Mike's tweet here, asserting "it's the client's money" and "will you stop pushing the bullshit that WY is somehow special?"--@mikebelshe
1/ Mike, you're wrong. #Wyoming law is different & more customer-friendly, but let's start with your assertion that "it's clients' money." Two facts make clear that's not the case here, & then I'll discuss the failure of a state-chartered trust company where customers took a hit
Read 13 tweets
Jun 27, 2023
1/ WOW--PRIME TRUST RECEIVERSHIP WILL BE A MESS & it's *EXACTLY* what the State of #Wyoming enacted its laws to avoid. Big ?s:
*who will pay the legal bills--NV taxpayers or #PrimeTrust customers??
*some PrimeTrust customers are IRAs/ERISA plans--can these even be bailed in??
2/ Avoiding this situation is *EXACTLY* why #Wyoming set up special-purpose banks to service digital assets. Things Wyoming did but Nevada didn't:
*require SPDI banks to pre-fund receivership costs w/ regulatory capital
*clarified its UCC
*uses banks, not non-banks. Why? 👇
3/ Why did #Wyoming choose banks, not non-banks, to service digital assets?
* bank laws protect customers better (asset segregation by statute, not by contract)
* financial disclosure (banks file "call reports")
* banks can't be debtors in US bankruptcy ()law.cornell.edu/uscode/text/11…
Read 6 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(