ARTICLE
11 September 2019

NYDFS Approves First Gold-Backed Virtual Currency

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The New York State Department of Financial Services ("NYDFS") authorized an existing NYDFS licensee to offer a gold-backed virtual currency.
United States Finance and Banking

The New York State Department of Financial Services ("NYDFS") authorized an existing NYDFS licensee to offer a gold-backed virtual currency. This is the first gold-backed virtual currency in New York State.

In addition to authorizing Paxos Trust Company LLC to offer PAX Gold, NYDFS also approved BUSD, a virtual currency pegged to the U.S. dollar.

Commentary

Steven Lofchie

The new "currency" is essentially a blockchain-based, custodial receipt for physical gold. It is unlikely that it will have that much use as a currency, at least within the United States, but perhaps merchants in countries where inflation is high, or where there is a threat of a governmental seizure of the banks, will find the product attractive as a currency.

Given that the asset is a custodial receipt for a physical asset, it should not be either a "security" for purposes of the securities law or a contract subject to the regulatory authority of the CEA, although the CEA does claim enforcement authority over fraud with respect to physical commodities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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