Regulating Stablecoins: Comparing MiCAR and the GENIUS Act (SSRN)
A forthcoming Texas A&M University School of Law Legal Studies Research Paper compares the European Union’s MiCAR and the U.S. GENIUS Act approaches to regulating stablecoins. Both embody contrasting regulatory philosophies for stablecoin oversight. MiCAR establishes a dual categorization of stablecoins—asset-referenced tokens (ARTs) and e-money tokens (EMTs)—with tailored regimes for each, emphasizing comprehensive conduct obligations, strict liability for misleading disclosures, mandatory asset segregation, and strong, statutory redemption rights applicable to all holders. In contrast, the GENIUS Act defines a single “payment stablecoin” category, prioritizing operational requirements and, most distinctively, providing unprecedented legal protections in bankruptcy: it grants all holders statutory standing, excludes reserves from the bankruptcy estate, and gives stablecoin holder claims super-priority over all other creditors. While MiCAR relies on strict consumer protection rules and regulatory controls, the GENIUS Act centers its strongest protections around insolvency outcomes and allows for the development of additional consumer safeguards through future rulemaking, resulting in two robust but philosophically distinct approaches to stablecoin regulation. [Download the paper at SSRN]
Decoupling Age, Period and Cohort from Euro Cash Use (ECB)
The European Central Bank (ECB) published an article that analyzes why cash remains a vital means of payment in the euro area despite long-standing predictions of a cashless society. Using recent data (2019–2024), it finds that while digital payments are growing and the share of cash in transactions is declining—especially among younger and middle-aged people—cash continues to play important roles: older adults use it more for everyday purchases, younger people often keep cash at home for precautionary reasons, and all age groups increasingly view it as an important payment option. The resilience of cash is shaped by overlapping factors such as habit, limited substitutability of digital payments, privacy and crisis concerns, and demographic shifts—meaning future payment systems should ensure continued access to and acceptance of cash alongside digital options, supporting payment choice, inclusion, and economic stability. [Read more at the ECB]
Upcoming Speaking Engagements:
The CB+DC Conference (Nassau, Bahamas, September 9-11) is a premier gathering centered on CBDCs, tokenized assets, and stablecoins. It provides a forum for central bankers, commercial bankers, technology innovators, policymakers, and academics to explore the latest advancements in digital currency, engage with experts and peers, and discuss the future of digital currency. [Register here but before you do, email me at john@kiffmeister.com for a 15% discount]
I produce a monthly digest of digital fiat currency (DFC) developments exclusively for the official sector (e.g., central banks, ministries of finance and international financial institution (e.g., the BIS, IMF, OECD, World Bank)) plus academics and firms that are active in the DFC space (commercial banks, technology providers, consultants, etc.). (DFCs include central bank digital currency (CBDC), stablecoins and tokenized deposits.) It goes out via email on the first business day of every month, and if you’re interested in being on the mailing list, please email me at john@kiffmeister.com.
