The GENIUS Act: Insolvency Risk with Stablecoins - - 0 views
-
John Kiff on 03 Mar 25"The GENIUS Act tries to mitigate credit risk on stablecoins by declaring their property of the investor vis-a-vis custodians, and prioritizing the investors' claims vis-a-vis creditors of the issuer. But neither is really a fix, and the truth is that absent a government guaranty, there's no way around this problem. No matter how much stablecoins are prioritized in bankruptcy, bankruptcy is a slow process, and time is money. And there are limits to how far stablecoins can be prioritized in bankruptcy without rendering the bankruptcy system unworkable. (Making stablecoins the property of the investors is no help in an issuer bankruptcy because all the investor gets is a digital token that is worthless without the redemption right, and that's just a bankruptcy claim; this is different than in the custodian bankruptcy scenario.) The only real way to ensure 100% timely repayment is a government backstop, but that's not something the industry wants (because it goes with regulation)." (Adam Levitin)