25/01/2021
Legally speaking, is digital money really money? (1 minute read)
Close to 80 percent of the world’s central banks are not allowed to issue a digital currency under their existing laws according to research conducted by the International Monetary Fund.
The IMF paper reviewed the central bank laws of 174 IMF members, and found out that only about 40 are legally allowed to issue digital currencies.
"Any money issuance is a form of debt for the central bank, so it must have a solid basis to avoid legal, financial and reputational risks for the institutions," states the paper.
"To use digital currencies, digital infrastructure — laptops, smartphones, connectivity — must first be in place," notes the paper. "But governments cannot impose on their citizens to have it, so granting legal tender status to a central bank digital instrument might be challenging. Without the legal tender designation, achieving full currency status could be equally challenging."
An important design feature is whether the digital currency is to be used only at the wholesale level, by financial institutions, or could be accessible to the general public.
"The creation of central bank digital currencies will also raise legal issues in many other areas, including tax, property, and insolvency laws; payments systems; privacy and data protection; preventing money laundering and terrorism financing," the paper concludes. "If they are to be the next milestone in the evolution of money, central bank digital currencies need robust legal foundations that ensure smooth integration to the financial system, credibility and broad acceptance by countries’ citizens and economic agents."