Crypto's Future is Uncertain: A Dispute Over Commercial Law's Definition of Money

Florida Gov. Ron DeSantis and South Dakota Gov. Kristi Noem have intervened in the routine updates to the Uniform Commercial Code, putting commercial law in the political spotlight. The Uniform Business Code, or UCC, assumes a critical part in our financial structure. However, state bills to adopt the most recent UCC updates, which aim to modernize and update the code to accommodate new technologies, including cryptocurrencies and NFTs, have met with vocal opposition from political interest groups.

Misunderstanding the proposed amendments has led to objections to changing the UCC's existing definition of "money." Some critics fear that the proposed changes pave the way for the issuance of central bank digital currencies (CBDCs) while leaving out cryptocurrencies like Bitcoin. However, these fears are unfounded.

The UCC's definition of "money" remains unchanged, and the proposed amendments aim to clarify the limited scope of certain UCC sections as they apply to CBDCs already issued by some nations and those that other outside countries could present from here on out. The proposed corrections don't order digital currencies as "cash" inside the UCC definition. All things being equal, the drafters have made another class for them, known as "controllable electronic records."

This categorization recognizes that the current UCC rules are ill-suited to transactions involving digital assets like cryptocurrencies and NFTs. The ongoing guidelines were not intended for elusive resources exchanged quickly across pseudonymous, appropriated networks like blockchains. The "controllable electronic records" category addresses these concerns.

Opponents of the proposed UCC amendments fear that these changes are a Trojan horse that lays the foundation for the issuance of a U.S. CBDC. However, discussions of the proposed amendments' sections on "money" and "electronic money" began as early as 2021, and the materials were available on the Uniform Law Commission's website and open for public comment.

While valid concerns about CBDCs exist, linking these apprehensions to the UCC is misguided and demonstrates a lack of familiarity with commercial law. Blocking the proposed UCC revisions takes a chance with smothering development and the reception of computerized resources both at the state level and in highway trade. Guaranteeing consistency across every one of the 50 states and the Region of Columbia is crucial and sober minded.

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