The debate over tokens versus equity has barely begun.
Many of the top crypto projects came up in the Gensler era, when regulatory pressure forced devcos to drive all value to equity, not tokens. The new policy environment means new opportunities, but no simple answers. It will take a lot of time and experimentation to figure out how (or if) tokens and equity can work well together. That era of experimentation is beginning now.
I have no view on the Aave situation in particular, except to say that as usual, the most important thing is clarity: tokenholders should know exactly what they own and control (and what they don't).
The design space for token value accrual is huge, much larger than traditional equity, so I doubt there will be a standard model for tokens like there is for stock any time soon. This means the key for each token isn't following a preset playbook, but rather being perfectly clear about what powers the token actually provides to its holders.
Six months ago, @jessewldn and I wrote a piece on our view re: the correct divide between tokens and equity. In short, we concluded that tokens should accrue onchain value, and equity should accrue offchain value.
The key innovation unlocked by tokens is self-sovereign ownership of digital property. Tokens uniquely enable holders to own and control onchain infrastructure without reliance on offchain intermediaries. That means tomenholders can (and should) own and control all value and other assets that exist and flow onchain.
Offchain value is different. Tokenholders can't directly own or control offchain revenue or assets, so in most cases, those should accrue to equity, not tokens. Devcos that accrue offchain value may want to share it with tokenholders, and that may be doable with the right structure (e.g., tokenholders organize a legal entity like a DUNA and contract with the devco), but ideally that value would flow onchain from the start.
Other models will certainly work too. Some projects may decide to have a one-asset model with no equity at all. Others may decide that their tokens should be treated as tokenized securities subject to whatever rules the new SEC writes for that market. New and better ideas will hopefully come along too.
1/ Congress comes back next week and hopefully will move stablecoin legislation quickly.
The Senate has more to do on GENIUS, then STABLE has to pass the House, then the bills may need to be reconciled before POTUS signs. This is doable by end of summer.
But market structure...
2/ I'm less optimistic about market structure in 2025.
The House put out a fresh discussion draft on May 5. It's a spiritual successor to FIT21, but there's a lot of new material to vet here.
There's talk about marking it up on June 10, but I don't know, that's a tall order.
3/ A markup is a big step. It means a bill is ready to move forward to a vote.
Everyone is working tirelessly on this draft, but it would be a little surprising if it's ready in two weeks.
Few things move that fast in Congress, and this is a big bill that needs close vetting.
1/ The Reserve and Stockpile are likely good for US fiscal policy and market prices, but neither are enough to make the USA the crypto capital of the world.
For that, we need new policies empowering entrepreneurs to launch protocols and products made in the USA.
Here's how 🧵
2/ Being "the crypto capital" doesn't mean holding the most crypto wealth compared to other countries.
It means having the most innovation, the most jobs, the most influence, the most economic activity.
To achieve that goal, government must support businesses, not just assets.
3/ The Biden administration did this exactly wrong.
It tried to drive the industry out of the USA by making it impossible for crypto companies to do business here.
FDIC et al. tried to debank us. SEC et al. tried to regulate us to death. DOJ et al. tried to imprison our devs.
It's very rare for a federal circuit court to find that an agency has violated the APA by acting arbitrarily and capriciously.
The DC Circuit just delivered a huge embarrassment for the SEC.
But the ETF isn't approved yet 🧵
2/ The DC Circuit soundly rejected the SEC's view that Grayscale's ETF proposal was not "designed to prevent fraudulent and manipulative acts and practices."
The SEC has spent a full decade denying spot bitcoin ETF proposals under this reasoning. That era has now come to an end.
3/ But the court didn't order the SEC to approve Grayscale's ETF proposal. It just said the SEC's analysis on the "fraud and manipulation" issue was wrong.
Now, the SEC has to go back and review Grayscale's proposal again, with the court's ruling in mind.
2/ Every SEC enforcement action must follow the “Wells process.”
In that process, the SEC Commissioners are meant to act as neutral arbiters, impartially weighing the evidence and arguments presented by SEC staff (the prosecutors) and the enforcement target (the defendant).
3/ When it comes to digital assets, Chair Gensler is far from a neutral arbiter.
Since his appointment, he has repeatedly stated his view that all digital assets other than bitcoin are securities, end of story.