NOTE FROM ME

This is a special edition of Scale with Trust.

When Trump told Davos this week that America will be the "crypto capital of the world," most people celebrated. I read the actual legislation. What I found is a $6 billion compliance gap that's now tearing the industry apart.

If you're building anything that touches stablecoins, this matters.

The GENIUS Act was supposed to bring clarity to stablecoin regulation. First federal legislation on digital assets. Bipartisan support. Industry celebrated.

But there's a provision buried in it that's now tearing the industry apart.

Stablecoin issuers cannot offer yield or interest.

This single line has created a compliance gap worth $6 billion annually, and the fight over it just delayed the next major crypto bill by almost a year.

WHAT HAPPENED

The GENIUS Act (signed July 2025) established clear rules for stablecoins:

  • 1:1 reserve requirements

  • Monthly audited disclosures

  • Bankruptcy protections for holders

  • Not classified as securities

All good. But the yield prohibition created an unintended consequence.

The Loophole:

  • Issuers can't pay yield

  • But exchanges can route rewards through third parties

  • Coinbase made $355 million last quarter from stablecoin-related revenue using this structure

Now the American Bankers Association wants Congress to close it. They've sent over 10,000 letters to Senate offices arguing that if crypto can offer yield without FDIC rules, deposits will flee traditional banking.

The Treasury Department estimates $6.6 trillion in bank deposits could be at risk if these incentives persist.

THE NUMBERS

Metric

Value

Why It Matters

Tether Treasury holdings

$135 billion

Backing that earns yield holders never see

Annual yield at stake

~$6 billion

What issuers keep (4.5% on reserves)

Coinbase Q3 stablecoin revenue

$355 million

The loophole in action

ABA letters to Senate

10,000+

The lobbying pressure

Bank deposits "at risk" (Treasury est.)

$6.6 trillion

Why banks are fighting back

GENIUS Act effective date

January 18, 2027

18+ months of uncertainty

The math is simple: Tether holds $135 billion in US Treasuries earning ~4.5%. That's roughly $6 billion per year in interest income. Under the GENIUS Act, none of that goes to stablecoin holders. The issuers keep it all.

Banks pay depositors close to 0%. Stablecoin reserves sit in Treasuries earning 4-5%. That spread is exactly why banks want the loophole closedΓÇöthey can't compete with it.

THE INDUSTRY SPLIT

Last week, Coinbase CEO Brian Armstrong pulled support for the Clarity ActΓÇöthe market structure bill everyone was waiting for.

His statement: "We'd rather have no bill than a bad bill."

The Senate Banking Committee canceled the vote within hours. Senator Lummis didn't mince words about what killed it:

"The interest issue was the killer. If you're teetering on the edge of a cliff... and then Brian Armstrong comes along and just adds that extra pound, that's what took it over the edge."

Senator Lummis

But not everyone agreed with Coinbase. Kraken, Andreessen Horowitz (a16z), Circle, and Ripple all came out in support of the bill.

The split comes down to business models. Coinbase makes $355 million per quarter from stablecoin-related revenue, largely through the yield loophole. For them, closing it is existential. For exchanges without similar USDC arrangements, the bill's regulatory clarity matters more than the yield question.

The crypto industry, which spent years building political unity, is now publicly divided over the same legislation.

WHY THIS MATTERS FOR FOUNDERS

If you're building anything that touches stablecoins, your compliance roadmap just became uncertain.

What to watch:

  1. Does the yield loophole survive? If the next bill closes it, any business model relying on stablecoin rewards needs restructuring.

  2. Timeline uncertainty. Full implementation isn't until July 2027 at earliest. That's 18 months of regulatory ambiguity.

  3. DeFi's status. The GENIUS Act only covers "payment stablecoins." Algorithmic stablecoins and DeFi protocols remain in legal limbo.

  4. Jurisdictional arbitrage. With US regulation fragmented, some projects may look to friendlier jurisdictions - but that creates its own compliance risks (see below).

THE FLAW IN GLOBAL COORDINATION

If you're thinking "we'll just move offshore," you'll find the same problem everywhere. But that's not because the policy is right - it's because regulators worldwide are making the same mistake.

The EU (MiCA) bans yield payments on stablecoins. Hong Kong bans them too. Singapore's MAS framework (effective mid-2026) emphasizes stability over yield.

Major jurisdictions converging on the same position. Must be smart policy, right?

Not necessarily. They're all treating this as a banking protection problem instead of a user behavior problem.

The fundamental flaw: money follows yield. If regulated stablecoins can't offer 4-5% while unregulated alternatives can, users will simply migrate to unregulated products. The yield ban doesn't protect the financial system - it pushes users toward the exact unregulated stablecoins regulators claim to be worried about.

And here's the question no one in banking wants to answer: Why don't banks just adopt stablecoin technology instead of trying to kill it?

There's an even bigger blindspot. The US and EU are only thinking about their own currencies. Billions of people live in countries with unreliable banking systems, currency instability, and no access to safe yield. For them, a yield-bearing stablecoin isn't a luxury- it's a lifeline.

The regulatory rationale - stablecoins should be payment tokens, not savings products - misses the point. In much of the world, people don't need another way to pay. They need a way to save without watching their purchasing power evaporate.

You can't just have this as a payment token. That's not how people actually use money.

Global coordination doesn't mean global wisdom. Sometimes it just means everyone's making the same mistake together.

For founders: jurisdictional arbitrage on yields is a dead end. But that's a reason to push for better policy - not accept bad policy as inevitable.

MY TAKE

I co-authored a chapter on stablecoin regulation in the recently published Stablecoins and the Future of Financial Regulation (IGI Global, January 2026). My position hasn't changed:

Stablecoins need yields to reach their full potential.

Treating them purely as payment tokens limits their transformative capacity- for financial inclusion, for DeFi, for the broader digital asset ecosystem.

The yield ban isn't just inconvenient. It fundamentally constrains what stablecoins can become.

I agree with Coinbase's conclusion - no bill is better than a bad bill. But not for the same reasons.

Coinbase is thinking about their $355M quarterly revenue stream. I'm thinking about user behavior and global financial inclusion. The conclusion is the same either way: ban yields on regulated stablecoins, and users will simply migrate to unregulated alternatives. The ban doesn't protect the financial system. It just pushes risk into the shadows - exactly the opposite of what regulators claim to want.

WHAT SHOULD FOUNDERS DO

1. Audit your stablecoin exposure.

If your business model depends on yield-bearing stablecoins, scenario-plan for a world where that loophole closes.

Scenario: You're using USDC rewards to attract users. If you're offering stablecoin yields through a third-party structure (like Coinbase does), you're operating in the loophole. If Congress closes it, your user acquisition model breaks overnight. Action: Model your unit economics without yield. Can you survive?

2. Watch the Clarity Act timeline.

The next 11 months will determine whether the industry reunifies or fragments further. The Senate Agriculture Committee has its own markup scheduled. This isn't over.

Scenario: You're fundraising in 2026. Investors are going to ask about regulatory risk. "We're waiting for clarity" isn't an answer. Action: Have a documented position on how you'll operate under different regulatory outcomes.

3. Document your compliance posture now.

Regulatory uncertainty isn't an excuse for ambiguity. Know where you stand today.

Scenario: You're building a DeFi protocol. The GENIUS Act only covers "payment stablecoins." Algorithmic stablecoins and DeFi protocols remain in legal limbo. No clarity until the Clarity Act passes - now delayed. Action: Document your legal position now. If you wait, you're building on sand.

4. Don't rush offshore.

Multi-jurisdictional strategies can work, but they require proper legal structure. And as we've seen, most major jurisdictions are converging on the same yield restrictions anyway.

Scenario: You're eyeing Singapore or Dubai. Both have their own stablecoin frameworks with their own restrictions. Moving doesn't eliminate regulatory risk - it multiplies it. Action: Get proper legal counsel before making jurisdictional decisions. The "friendlier jurisdiction" narrative is often oversimplified.

GO DEEPER

If you want the full picture on stablecoin regulationΓÇöthe Commonwealth Model Law, AML/CFT frameworks, licensing requirements, and why yields matterΓÇöI co-authored Chapter 1 ("Why Stablecoins Matter") in Stablecoins and the Future of Financial Regulation.

NEED HELP

If you're building anything that touches stablecoins and need clarity on how these regulatory shifts affect your business:

-> Book a call: azentiqnexus.com/contact

Or just reply with what you're building - I read everything.

Scale smart.

Anson

P.S. Know a founder building on stablecoins who hasn't thought through the yield question? Forward this. The regulations are coming whether they're ready or not.

Sources: Coinbase Q3 2025, ABA, The Hill, Fox Business, BIS, Tether

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