Close Menu
  • Coins
    • Bitcoin
    • Ethereum
    • Altcoins
    • NFT
  • Blockchain
  • DeFi
  • Metaverse
  • Regulation
  • Other
    • Exchanges
    • ICO
    • GameFi
    • Mining
    • Legal
  • MarketCap
What's Hot

HIVE’s $84.7 million Swedish tax provision eclipsed revenue even as Bitcoin output hit a record

19/08/2026

Why Bitcoin’s BIP-110 refuses to die despite near-zero miner support

19/08/2026

Fed Chairman Kevin Warsh Speaks Following the Interest Rate Decision – Critical Moments

19/08/2026
Facebook X (Twitter) Instagram
  • Back to NBTC homepage
  • Privacy Policy
  • Contact
X (Twitter) Telegram Facebook LinkedIn RSS
NBTC News
  • Coins
    1. Bitcoin
    2. Ethereum
    3. Altcoins
    4. NFT
    5. View All

    Why Bitcoin’s BIP-110 refuses to die despite near-zero miner support

    19/08/2026

    Are Alarm Bells Ringing for Bitcoin? This Data Has Been Negative for 80 Days!

    19/08/2026

    Is This the Calm Before the Storm in Bitcoin? Price Calm, But Options Market Falling! What Does This Mean for BTC?

    19/08/2026

    US President Donald Trump Draws a Red Line for China and Bitcoin (BTC), He Speaks Clearly! Here’s His Critical Message

    19/08/2026

    Ethereum and Solana may become scarcer – THESE Grayscale projections say…

    19/08/2026

    Ethereum price eyes a breakout – Why ETH/BTC’s 0.03 level is key

    19/08/2026

    Ethereum devs to narrow 66 proposals tied to Hegotá upgrade

    19/08/2026

    Over 1.3 million staked tokens remain stranded onchain after a major validator missed its deadline to exit Aztec

    18/08/2026

    Pump.fun unlocks $86M in PUMP as three-year vesting begins

    19/08/2026

    PENGU, ARROW, ADI, CASHCAT and AERO Are Moving

    19/08/2026

    David Schwartz invokes First Amendment to defend XRP sports ads

    19/08/2026

    How SUI’s Community Focus Could Shape Its Future in the Crypto Space

    19/08/2026

    How StonkBrokers Turned a JPEG Into a Brokerage Account

    18/08/2026

    OpenSea founder pivoted to AI — and won

    17/08/2026

    Fake World Assets Opens Its Gacha Pool to New NFT Collections

    17/08/2026

    Artprice’s AI-First Shift Raises the Stakes for NFT and Tokenized Art Valuation

    15/08/2026

    HIVE’s $84.7 million Swedish tax provision eclipsed revenue even as Bitcoin output hit a record

    19/08/2026

    Why Bitcoin’s BIP-110 refuses to die despite near-zero miner support

    19/08/2026

    Fed Chairman Kevin Warsh Speaks Following the Interest Rate Decision – Critical Moments

    19/08/2026

    Pump.fun unlocks $86M in PUMP as three-year vesting begins

    19/08/2026
  • Blockchain

    MemeToro Releases Integrated Ecosystem Framework for the $MT Utility Token

    19/08/2026

    Solana adds $378M in tokenized T-bills – Is Ethereum losing ground?

    19/08/2026

    Venom Foundation Proposes Standardized Blockchain TPS Benchmark

    19/08/2026

    NAVI Prime launches institutional lending framework on Sui

    19/08/2026

    Pharos expands RealFi ecosystem with PGNGI+, a tokenized infrastructure fund product linked to Partners Group

    18/08/2026
  • DeFi

    Crypto-Backed Lending Drops 17% in Q2 as CeFi Surpasses DeFi for First Time Since 2023

    19/08/2026

    AMMs Could Outcompete Traditional Market Makers as Tokenization Expands

    19/08/2026

    RWA DeFi Deposits Near $4 Billion After 6x Growth in One Year

    19/08/2026

    Uniswap Expands Liquidity to Circle’s Arc L1 Blockchain

    19/08/2026

    Less Than 2% of Assets Protected, Firelight CSO Says

    19/08/2026
  • Metaverse

    Is Solana Gaming Back? Kintara Activity Fuels Renewed Optimism in Onchain MMOs

    24/06/2026

    The Sandbox launches AI game engine ‘The Sandbox Studio’ for next-generation creators

    10/06/2026

    Meta commits $13M in funding for Oversight Board through 2028

    29/05/2026

    Why Animoca’s Yat Siu says the future is 100 billion AI agents

    07/05/2026

    ‘8,000 Jobs’—Polymarket Sees Tech Layoff Surge As Meta AI Push Bites

    18/04/2026
  • Regulation

    Fed Chairman Kevin Warsh Speaks Following the Interest Rate Decision – Critical Moments

    19/08/2026

    Credit default swaps forecast AI bankruptcies

    19/08/2026

    Fed’s Limited Payment Account Offers No Real Alternative to Master Accounts

    19/08/2026

    Tether Sheds $5.5 Billion in USDT Supply as Stablecoin Turnover Hits a Record Pace

    19/08/2026

    Following the Fed’s Interest Rate Decision and Kevin Warsh’s Remarks, Experts Gathered and Shared Their Latest Insights

    19/08/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    Kraken’s Krak debuts US debit card as Payward broadens financial services push

    19/08/2026

    Kaito Pulse Browser Extension Reveals Trading Positions on X

    19/08/2026

    NoOnes winds down operations after EU sanctions disrupt P2P platform

    19/08/2026

    Crypto card spending jumps 2.5x to $759m in July

    19/08/2026

    ICO market slows sharply with only six completions in 2026

    30/04/2026

    South Korea Poised to Lift Ban on Domestic ICOs After 7 Years

    19/12/2025

    Why 2025’s Token Boom Looks Both Familiar and Dangerous

    31/10/2025

    ICO for bitcoin yield farming chain Corn screams we’re so back

    22/01/2025

    GameShame Studios founder details Raijin Protocol’s roadmap in NeoPod’s sixth AMA

    13/08/2026

    How BC.GAME is turning players into stakeholders

    04/08/2026

    YGG Play Shuts Down Services as Yield Guild Pivots to AI Data

    01/08/2026

    why gameplay now beats crypto rewards

    29/07/2026

    HIVE’s $84.7 million Swedish tax provision eclipsed revenue even as Bitcoin output hit a record

    19/08/2026

    Bitcoin Miners AI Pivot Doubles Valuations Despite Bitcoin’s 45% Price Drop

    19/08/2026

    DMND Integrates Mempool Accelerator With Miner Revenue Sharing Using StratumV2

    19/08/2026

    AI Contracts Give Bitcoin Miners a Valuation Edge as Hashprice Squeezes Pure-Play Operators

    19/08/2026

    Crypto’s week in 5 stories

    19/08/2026

    CLARITY Act Odds Crash to 10% Before Senate Returns: Galaxy

    19/08/2026

    The SEC meeting that wasn’t: State of Crypto

    19/08/2026

    Bank of Russia Limits Crypto Equity to 25% for Market Brokers

    19/08/2026

    HIVE’s $84.7 million Swedish tax provision eclipsed revenue even as Bitcoin output hit a record

    19/08/2026

    Why Bitcoin’s BIP-110 refuses to die despite near-zero miner support

    19/08/2026

    Fed Chairman Kevin Warsh Speaks Following the Interest Rate Decision – Critical Moments

    19/08/2026

    Pump.fun unlocks $86M in PUMP as three-year vesting begins

    19/08/2026
  • MarketCap
NBTC News
Home»Legal»Stablecoin Legislation Must Respect the Dual-Banking System
Legal

Stablecoin Legislation Must Respect the Dual-Banking System

NBTCBy NBTC30/04/2024No Comments5 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


Long before Bitcoin, Ethereum, or DAOs, the U.S. banking industry had its own form of decentralized governance: the dual-banking system. Under this system, banks can be chartered and, with some important caveats, supervised at either the state or the federal level.

When U.S. Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced their stablecoin regulation bill on April 17, the legislators emphasized that the bill seeks to “preserve our dual banking system.” But while the senators deserve credit for pursuing this goal, the Lummis-Gillibrand stablecoin bill falls short by subordinating state regulation to federal control.

Jack Solowey is a Policy Analyst at the Cato Institute’s Center for Monetary and Financial Alternatives. Jennifer J. Schulp is the Director of Financial Regulation Studies at the CMFA.

To support the healthy competition among both financial institutions and regulators that the dual-banking system represents, stablecoin legislation must provide a bona fide state pathway free from arbitrary limits and federal gatekeeping.

To be sure, the dual-banking system itself at present is far from federalism perfected, and state and federal jurisdiction over banks does overlap in important ways; state-chartered banks that are members of the Federal Deposit Insurance Corporation and/or the Federal Reserve System, for example, face additional federal supervision. But such federal bank supervision makes even less sense for stablecoin issuers, which ultimately provide a payment tool (tokens designed to maintain a 1:1 peg with the U.S. dollar), not banking services.

While the Lummis-Gillibrand stablecoin bill technically allows for state-chartered stablecoin issuers, it weighs them down with too many restrictions. The most obvious one is a cap on non-depository state trust companies (non-bank entities) that issue stablecoins, limiting them to $10 billion worth of stablecoins outstanding.

State-chartered issuers that wish to be free of these caps would be required to register both as state or federal depository institutions (e.g., banks or credit unions) and national stablecoin issuers. National stablecoin issuers, in turn, need a majority vote of the Federal Reserve Board of Governors (Fed Board) to operate.

But remaining state-chartered also wouldn’t exempt issuers from federal licensing and oversight.

State-chartered stablecoin issuers would face application requirements issued by the Fed Board and incorporating vague standards regarding the stablecoin’s “benefit to the public” and role in the “stability of the financial system of the United States.” While a federal floor for basic stablecoin operating requirements — e.g., disclosure and reserve obligations — is one thing, federal approval standards for otherwise state-chartered issuers are quite another, particularly where they involve nebulous concepts that give regulators broad discretion and create room for abuse. And, notably, the Fed Board would have the power to block these trust companies from issuing stablecoins with a two-thirds vote.

The result is that the Fed would have the power to decide which banks are allowed to issue stablecoins, as well as to exclude non-bank issuers from competing with those banks.

Such proposed limitations on state-chartered stablecoin issuers subject them to second-class treatment. For instance, while the bill’s $10 billion ceiling on a state trust’s outstanding stablecoins may sound like a wide enough berth, given the importance of user network size and token liquidity to a successful stablecoin such a cap would place state trust issuers at an inherent disadvantage.

Further, giving the Fed Board final veto power over what is, in essence, a license to operate a stablecoin business is fundamentally at odds with the role of state charters in the dual-banking system.

In the words of banking law scholar Arthur E. Wilmarth, Jr., the dual-banking system generally provides “a ‘safety valve,’” for the payment system “to escape from arbitrary, inflexible or outdated regulation.”

This safety valve involves both horizontal (state v. state) and vertical (state v. federal) competition among regulators. Diverse jurisdictions can play the roles of laboratories of innovation, improving frameworks to support new technologies and consumer benefits, vying to attract new businesses, and even residents.

Competition among regulators can also translate into more choices for consumers. For example, innovations arising out of the state banking system have included interstate electronic funds transfer via ATMs. Importantly, competition is a two-way street, and Wilmarth notes that federal developments have, in certain instances, helped to liberalize state banking laws.

It is particularly important for the stablecoin ecosystem to be free from a single regulatory gatekeeper. For one, federal lethargy in providing pathways for stablecoin issuers, as well as crypto-facing businesses more broadly, have led states — like New York and Wyoming — to pick up the slack. Such states would be relegated to a diminished role under the bill.

Avoiding a federal veto over stablecoin licensing is all the more important because the Federal Reserve is conflicted as a provider of payment tools itself. Giving the Fed Board ultimate authority to block its potential competitors unfairly stacks the deck against payment alternatives.

Efforts like the Lummis-Gillibrand stablecoin bill to break the logjam on crypto policy at the federal level are welcome. Nonetheless, for stablecoins to achieve their full potential when it comes to consumer choice in payments, stablecoin legislation must let state-chartered issuers compete on fair terms.

Now is not the time to whittle away at the benefits of the dual-banking system’s form of decentralized regulation.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

NBTC is the editorial account for NBTC News, covering Bitcoin, Ethereum, DeFi, blockchain infrastructure, exchanges, mining, regulation and digital asset markets. The editorial team focuses on clear sourcing, timely updates and practical context for crypto readers.

Related Posts

Crypto’s week in 5 stories

19/08/2026

CLARITY Act Odds Crash to 10% Before Senate Returns: Galaxy

19/08/2026

The SEC meeting that wasn’t: State of Crypto

19/08/2026

Bank of Russia Limits Crypto Equity to 25% for Market Brokers

19/08/2026
Add A Comment

Comments are closed.

Top Posts
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Your source for the serious news. This website is crafted specifically to for crazy and hot cryptonews. Visit our main page for more tons of news.

We're social. Connect with us:

Facebook X (Twitter) LinkedIn RSS
Top Insights

HIVE’s $84.7 million Swedish tax provision eclipsed revenue even as Bitcoin output hit a record

19/08/2026

Why Bitcoin’s BIP-110 refuses to die despite near-zero miner support

19/08/2026

Fed Chairman Kevin Warsh Speaks Following the Interest Rate Decision – Critical Moments

19/08/2026
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Type above and press Enter to search. Press Esc to cancel.