I LEARNED interesting things at #ETHDenver2022#DAOs are organizing under either coop or LLC laws🤠, & despite testing all the thousands of attendees for COVID a staggeringly low # were testing positive. I hope the latter is basically over🤞—the former seems to be taking off tho.
For #DAOs that choose to register there’s a race btwn using state cooperative laws vs state LLC laws. WY’s #DAO LLC law is hot but so is CO’s coop law. Our panel didn’t have time to dive into the differences in how each limits liability for members. #crypto lawyers—pls debate it!
Here's a blog on the topic of limiting member liability for coops. I'm hoping #crypto lawyers pick this thread up & start discussing bc there are likely differences between state coop laws & state LLC laws when used by a #DAO. I find the topic interesting. cooperativesfirst.com/blog/2020/08/0…
Not to sidetrack the coop vs LLC discussion on this 🧵but here’s an interesting add: few know that #Wyoming’s special-purpose depository institution law was originally proposed as a mutual. There are mutuals all over financial svcs—special types of member-owned organizations.
The #Wyoming legislature overruled that & made SPDIs corporations not mutuals. I think either form wld work. (Ages ago I worked on demutualization of insurance cos—became a trend bc mutuals have a harder time raising capital & their managements tend to become more entrenched.)
A key in all these different types of organizations, of course, is getting the governance right. It was interesting to read that blog ^ about coop boards sometimes taking on personal liability. Every #DAO will handle that differently. Old issues becoming new again, interestingly

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More from @CaitlinLong_

Feb 10
1/ SO MANY TRUTH BOMBS in this terrific blog post.🧐MUST READ for US customers of #crypto exchanges/custodians (hint:😱, if yours goes bankrupt). Note @AdamLevitin analysis applies US-wide *EXCEPT* in #Wyoming bc it mostly fixed the very issues he lays out creditslips.org/creditslips/20…
2/ Truth bomb #1: "I do not think customers understand the legal nature of the custodial relationships, and exchanges have no incentive to make the legal treatment clear to customers." ...
3/ "In bankruptcy, it is likely to be treated as a debtor-creditor relationship, not a custodial (#bailment) relationship. That means that customers are taking on REAL CREDIT RISK with the exchanges, which is a particular problem because of the opacity of the exchanges..."🎯
Read 25 tweets
Feb 8
1/ FED's NEW PAPER ON STABLECOINS today deserves both praise & a response. It contains something BIG (1st time I've seen the Fed say this🚨🔥) but it misses things too. Wonky topic: how #stablecoins fit into plumbing of #tradfi, which is right up my alley. libertystreeteconomics.newyorkfed.org/2022/02/the-fu…
2/ The NYFed's 3 conclusions + my reactions here:
1. Stablecoins tie up liquidity unnecessarily💯✅🎯
2. Stablecoins that do not tie up liquidity are risky & less fungible❌🤔
3. We already have an efficient form of digital money/just need to adapt it to a new environment: ✅&❌
3/ Let's dig in. First, in this🧵we're talking abt fiat-collateralized #stablecoins, not algo or #crypto-collateralized ones that never touch USD payment systems. Central bankers' real concern has (rightly) always been impact of fiat-backed #stablecoins on trad system plumbing.
Read 25 tweets
Dec 19, 2021
QUESTIONS ANSWERED here about this🧵(thx for all the engagement!)
1) what do u mean by paper #bitcoin?
2) is all leverage bad?
3) why so sure that a leverage-flush reckoning day will come for bitcoin? Gold investors have waited forever.
4) can't traders hedge the risk? (haha, no)
2/ PAPER BITCOIN=a promise by an intermediary, such as an exchange, to deliver real #bitcoin. Unless you hold the private keys, you don't own bitcoin--what you own is a CLAIM to bitcoin (an IOU). Does your intermediary own enuf on-chain bitcoin to make good on all such claims???
3/ The honest truth is that probably no one other than your intermediary itself really knows & many intermediaries are likely running fractional. It is certain that the quantity of paper #bitcoin outstanding > the 18.9m on-chain bitcoins that exist, but by how much is unknowable.
Read 17 tweets
Dec 18, 2021
1/ I DIDN'T SEE SOMETHING UNTIL NOW. Often I've spoken about paper assets creating a fake supply that satisfies real demand, & that (all else equal) this causes an asset's price to fall. Most recently this came up in a debate with @timevalueofbtc abt using #MVRV to value #bitcoin
2/ The issue? RV isn't an accurate number bc it's impacted by all the paper #bitcoin issued by intermediaries. If all intermediaries always held 100% bitcoin reserves to back the bitcoin claims they issue, then RV would be reliable. But many intermediaries likely run fractional.
3/ I'm not saying RV isn't an observable # (of course it's observable). What I'm really saying is that RV isn't accurate--bc it's influenced by paper claims to #bitcoin being issued to satisfy demand for the real thing. You may have heard me talk about the 2017 Dole Food lawsuit.
Read 17 tweets
Oct 29, 2021
1/ JUST PUBLISHED article abt #stablecoin interoperability in @CentralBanking_ (yep...!)--another collaboration w/ Dr.Manmohan Singh of @IMFNews + my 1st w/ Dr Charles Kahn of Univ of IL. 🚨VERY IMPORTANT NEW POINT included🔥 (behind a firewall but 🧵👇).
centralbanking.com/fintech/789225…
2/ Best historical analogy for #stablecoins isn't wildcat banking--it's check clearing. Private pre-Fed check clearing networks are analogous to different private stablecoin networks today. What made checks interoperable?

💡2 things: common standard+Fed guarantee of pymt at par
3/ We argue #stablecoin issuers should gain access to Fed payment systems so they can back stablecoins w/ central bank reserves (ie, guarantee of pymt at par to members of Fed's network), but ALSO that the choice of tech should be agnostic. (The mkt has already voted on this.)
Read 10 tweets
Oct 9, 2021
@kwerb 1/ Well said @kwerb. When I started writing in 2016 abt the dangers of leverage-based financialization in #bitcoin mkts for @ForbesCrypto, I was worried abt #WallSt banks bringing it. What I missed was that #crypto peeps wld beat the big banks to it—& wld do it MUCH bigger. How?
@kwerb @ForbesCrypto 2/ bc they did it offshore. They beat #WallSt to it bc (1) regulators held back big banks/regulated derivatives exchanges & (2) onshore firms are capped on leverage they can offer. Example: onshore US #BTC futures can be leveraged ~2.5x but offshore can be 20x (was 125x until…
@kwerb @ForbesCrypto 3/ …some offshore exchanges voluntarily reduced it to 20x after much criticism of the practice—deserved, IMHO—but 20x is still much higher than regulators would allow onshore). The recent bull market brought in many speculators (incl many w/ WallSt trading backgrounds). I’d…
Read 8 tweets

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