1/JUST FINISHED the first of my series of speeches this month to mainstream audiences about #bitcoin/#crypto--this one was to @actl, annual meeting of American College of Trial Lawyers. Multiple Supreme Court justices usually in audience. Two key themes:
2/ First, I recommended swift clarification of legal status of #digitalassets so US courts aren't clogged w/ disputes in this $2trn industry due to murky laws (incl swift passage of draft UCC Article 12, or even early adopting it). It's on agenda for @uniformlaws mtg on Nov5-6.
3/ #Wyoming led charge to make #blockchain tech "backwards compatible w/ US legal system"--draft UCC Art. 12 (similar to WY law) was already early-adopted by AR, NE & TX. We're seeing increasing litigation due to murky laws--not only clogs courts but consumer fairness issues too.
5/ Second, I recommended that the trial lawyers help focus the law schools & law firms with which they work on the importance of teaching law students to read code. Law & code will increasingly merge--they're each just code written in different languages w/ diff operating systems
6/ But they're not compatible. An example of how they're merging is #Wyoming's #DAO LLC law, which allows LLC operating agreements to be natively in code instead of natively in words on paper. Judges will need ways to read that code in litigation.
7/ #Crypto is calling into question the organizational forms of the Industrial Age, incl the corporation. #Wyoming is yet again the 1st state in US to push fwd w/ legal innovations. WY was the first US state to grant women right to vote in 1869 & rest of US followed 50 yrs later.
8/ #Wyoming was also the first state to create the LLC legal entity form in 1977 & rest of US followed about a decade later. Spot the pattern--WY has pushed ahead yet again, this time w/ #blockchain-enabling laws, & it won't take the rest of US a decade to follow WY this time.🤠
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1/ THIS IS WHERE WE ALWAYS THOUGHT the #stablecoin regulatory direction would go, which is why @AvantiBT chose to get a bank charter. Anything that touches the USD financial system was always going to fall w/in the Fed's purview, directly or indirectly, esp once it became big.
2/ Plus it makes sense policy-wise. Nonbank #stablecoin issuers gum up the #repo mkt by siloing T-bills & other Level 1 high-quality liquid assets (the repo mkt already finds these assets too scarce). If stablecoin issuers are banks, tho, dormant Fed reserves can be used instead.
3/ Details on the above point are here👇. The v high velocity of #stablecoins comes from their superior tech vs trad payment systems, not from leverage. Traditionally, monetary velocity came from leverage. But thanks to stablecoins it no longer needs to.💪 cato.org/cato-journal/s…
1/ @NYtimes story on #crypto/#banking deserves a thoughtful reply. Issue isn't black & white: anti-crypto forces try to paint us all w/ a broad brush. Bad actors deserve to be called out, but the article ignores fact that regulatory-compliant firms exist. nytimes.com/2021/09/05/us/…
2/ First--@ericliptonnyt/@el72champs you got a fact wrong & it deserves a correction. #Wyoming’s special bank charter doesn't allow “cryptocurrency deposits.” “Deposit” has a v specific meaning in banking: banks can only take deposits in fiat money (US$)--not in crypto. Pls fix.
3/ That’s a key distinction. Regulated banks can provide CUSTODY services for #crypto (like for securities) but CAN’T take deposits in ANYTHING except money. Article misses that critical point--it’s a firewall protecting Fed's payment system from exposure to anything other than $
1/ TODAY @AvantiBT CONFIRMED A REPORT in today's @WSJ that it filed an application to become a Federal Reserve member bank. 💪 Here are links to Avanti's statement & the WSJ story: wsj.com/articles/crypt…
2/ This means @AvantiBT formally submitted to what it had already informally accepted--namely, the very same regulatory capital, compliance and supervisory examination standards that apply to traditional banks.
3/ It also means @AvantiBT is seeking federal supervision directly by the Fed itself (in addition to Avanti's existing regulator, #Wyoming Division of Banking). Avanti's Fed membership application is distinct from its prior application for payment system access (filed Oct 2020).
1/ ~FIVE YEARS AGO, I first said #bitcoin cld take down a GSIB (global systemically important bank)--NOT because of anything wrong w/ Bitcoin, but bc the banks just aren't set up to handle an asset that settles in minutes & is irreversible. @ChrisBrummerDrrollcall.com/podcasts/finte…
2/ If banks are going to start owning #bitcoin/#crypto on their books(ie, not just being custodians like w/ stocks), banks need special rules to deal w/ the huge differences in settlement terms. Banks use systems set up ~40yrs ago (esp in US),most of which reconcile only 1x/day😱
3/ Again-issue is w/ banks' IT & operational systems, not w/ #Bitcoin (which I consider the most significant financial technology invention of human history. Yep, really💪). In this @ChrisBrummerDr podcast w/ former Fed Governor Dan Tarullo, we discuss how bank capital rules work
1/ THREAD ABT REGULATORY NEWS in #crypto, which I’ve been chronicling on twitter since April. Seems crackdown has begun. I dunno how it'll turn out but:
* it won't impact #BTC#ETH etc directly. Base layers will keep addin' blocks
* it'll impact intermediaries & US$ access points
2/ Today was a key event that few in #crypto were probably watching, but it REALLY matters: the comment period ended for the Fed’s proposed payment system access guidelines. See comment letters here (including @AvantiBT’s 18-page tome--awaiting upload): federalreserve.gov/apps/foia/View…
3/ Why does it matter? Fed guidelines are partly aimed at #crypto (despite not mentioning crypto even once). Given what’s happening w/ US$ #stablecoins, the guidelines are esp relevant (see WSJ story last wk-FSOC wants Fed to regulate stablecoins per “ppl familiar w/discussion”)
1/ ANOTHER STABLECOIN SPEECH by ex-BOE/BOC head Mark Carney--he was surprisingly direct:
* #stablecoins shld have access to central bank's balance sheet;
* "existing bank-based payment rails are expensive, even if those costs aren't visible to consumers" bis.org/events/acrocke…
2/
* "banks are a means to an end, not ends in themselves, & they'll have to adapt to a much more competitive environment" [WOW, SPICY]
* "any systemic pymt system must be overseen by a central bank & have final settlement option in public money"
3/
* "regulatory model for #stablecoins must offer equivalent protections to commercial bank money" to include:
-legal claim paid in fiat upon demand
-capital rqmts
-liquidity rqmts
-central bank access terms
-backstop if failure