Kiffmeister’s #Fintech Daily Digest (20230213)

Paxos Will Halt Minting New BUSD Tokens

Paxos Trust will stop minting new Binance USD (BUSD) tokens starting from February 21, 2022 in accordance with directions and coordination with the New York Department of Financial Services (NYDFS). All existing BUSD tokens will remain fully backed and redeemable through Paxos until at least February 2024. Customers will be able to convert their BUSD tokens to Pax Dollar (USDP) another Paxos-issued stablecoin. [Read more at Paxos Trust]

The NYDFS reportedly said that Paxos was unable to administer the token in a “safe and sound” manner and “violated its obligation to conduct tailored, periodic risk assessments and due diligence refreshes of Binance and Paxos-issued BUSD customers to prevent bad actors from using the platform. [Read more at Reuters]

The US Securities and Exchange Commission (SEC) has issued Paxos a Wells Notice for allegedly selling unregistered securities by issuing BUSD. That characterization  typically hinges on the Howey Test, under which an investment contract exists if there is an “investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others.” [Read more at Paxos]

Amy Castor speculates that the ruling could be based on the Reve’s Test, which says that an instrument is a security if the seller’s motivation is to raise money for a business and the buyer’s motivation is to earn profits, if the instrument is being offered and sold to a broad segment or the general public for investment purposes, or there is the reasonable expectation of the investing public that the securities laws apply to the investment. [Read more at LawCast]

*See also commentary from Frances Coppola and Matt Levine*

UAE Plans to Issue a CBDC to Promote Digital Payments

The Central Bank of the United Arab Emirates (UAE) is planning to issue a central bank digital currency (CBDC) for domestic and cross-border payments in order to help drive innovation for domestic payments, and address the problems and inefficiency of cross-border payments and respectively. The issuance of a digital dirham is one of nine initiatives of the central bank’s Financial Infrastructure Transformation Program. [Read more at the CBUAE]

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Kiffmeister’s global central bank digital currency monthly monitor

Just a reminder that I produce a monthly digest of central bank digital currency (CBDC) developments exclusively for the official sector. So for any of you out there who work for a central bank, ministry of finance or international financial institution who would like to receive it by email on the first business day of every month, please DM me on LinkedIn or email me at chronicles@kiffmeister.com.

The Sovereign Official Digital Association (SODA) is a technology-agnostic firm offering advisory services at the intersection of central banking, digital finance and the web3 industry, aiming to make public digital money a reality. SODA believes institutions in the existing financial ecosystem should have access to the tools and resources they need to move from discussion to action. SODA offers ‘real life’ use cases to help test digital money and drive adoption as central banks and other public institutions explore the future of a more financially inclusive world powered by interoperable blockchain-based networks. SODA would love you to join us on this journey – please get in touch (chris@sodapublicmoney.org).

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