Facing SEC lawsuit, Ripple made a “smart move” by registering in Wyoming, attorney says

  • The Wyoming Secretary of State has approved Ripple’s application to form the Ripple Markets WY LLC.
  • Jesse Hynes expects Ripple to announce a partnership with an SPDI in the coming months to keep On-Demand Liquidity operational in the US.

Ripple has registered a new company in the pro-crypto US state of Wyoming. According to a document filed with the Wyoming Secretary of State, Ripple made its filing for Ripple Markets WY LLC on Nov. 2, 2020. The application was approved today for an unlimited time.

Founder and CEO of Avanti Bank & Trust, Caitlin Long, shared the news via Twitter, welcoming Ripple “a better domicile than Delaware due to our crypto-friendly laws.” Notably, last September, crypto exchange Kraken became the first digital asset company in USA Bank history to receive a banking license recognized under federal and state law in Wyoming.

Why is Wyoming good for XRP and Ripple?

Attorney Jesse Hynes of the Hynes Law Group has responded to the welcome given by Long to Ripple. In a series of tweets, the expert gave his opinion on how this was a “smart move” by Ripple regarding the U.S. Securities and Exchange Commission (SEC) lawsuit.

Hynes stated that while Ripple’s company registrations in Wyoming will have no bearing on the lawsuit, it opens up the possibilities for the company. Even if a court determines that XRP is a security, Hynes said Wyoming could be a “home” for the XRP token:

(1) Wisconsin SPDI’s (special purpose depository institutions) classifies digital securities as digital assets (see pictures below), (2)allows for SPDI’s to buy/sell digital assets, offer currency/digital asset exchange services (cough cough ODL), lend digital assets, etc.

In addition, SPDIs can be custodians of securities in Wyoming. This gives Ripple a “win, win” scenario even if it loses the lawsuit. In Wyoming, Ripple could still partner with an SPDI and operate ODL, as Hynes outlines:

(…) they can hook up with a Wyoming SPDI that has its charter AND Certificate of Authority (Kraken delisted because it had its charter but not certificate of authority yet) and continue their pursuits.

The attorney expects Ripple to announce such a partnership with an SPDI like Avanti in the coming months to keep its On-Demand Liquidity solution operational in the United States. In the meantime, they will have more leeway to “determine their next steps in the litigation.”

For what’s going to happen now, if I had to guess, Ripple will hook up with an SPDI like Kraken bank or Avanti Bank when either or both have their Certificate of Authority and get back to getting the ODL ball rolling in America while determining next steps in the lawsuit

It should be noted, however, that Hynes clarified that he is not an expert on Wyoming law, so his statements should not be taken as legal or financial advice. With that said, the attorney believes that it is possible that Ripple could operate in other parts of the United States through its association with an SPDI:

What about other states? Well, there is a strong argument that a bank with an SPDI could actually operate in states like NY without even having to worry about the bitlicense. Basically de-fanging the ridiculous statute

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