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Another Side of the Bitcoin Debate: Pamela J. Martinson and Christopher P. Masterson of Sidley Austin LLP took on one of 2013's hottest topics Bitcoin by warning there were hazards in lending to the cryptocurrency's users. "Owned Bitcoin has the potential to be collateral for loans, but creditors are likely more concerned with restricting Bitcoin acquisition or use by borrowers due to the uncertain regulatory landscape, irreversible nature of payments, extreme volatility of value and anonymity of the system," they wrote. One reader felt a borrower's use of Bitcoin wasn't always relevant. "If the debtor uses another asset, like a traditional bank account, and does not offer the bitcoin as collateral, what business is it of the bank whether that person or company owns or handles bitcoin?" he wrote. Another commenter thought the authors were selling the cryptocurrency short. "Bitcoin technology introduces some very new novel ways to use bitcoins in collateral and escrow transactions that simply have no parallel in today's banking system," the reader argued. "In a nutshell, because the authority to transfer Bitcoin is established through mathematics rather than institutions, it is possible to create elaborate mathematical equations where control of the Bitcoins is spread across multiple parties." (Indeed, the economics and technology writer Eli Dourado has described "m of n" multi-signature transactions, in which bitcoins cannot be released from an account without the consent of at least one party plus an arbitrator.) Martinson and Masterson described loan agreements with covenants or reps and warranties that restrict borrowers' use of Bitcoin, and a commenter on Reddit smelled foul play, grumbling, "Here's another way in which banks are trying to squelch Bitcoin." But another Redditor had a more prosaic take: "Banks are so stupid, they can't change their paradigms so they are completely missing the boat."
January 3 -
A recap of the informed opinions (and the discussions they generated) on BankThink this week.
December 27
In Defense of Wall Street: Veteran bank analyst Dick Bove took the road slightly less traveled this week with the debut of his book "
Return of the Risk Doctor: BankThink's resident Risk Doctor Clifford Rossi returned from a holiday break this week with a column on
What Banking Could Do Without: Paul L. Lee of Debevoise & Plimpton LLP wondered why the authors of banking law were so
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