“Thus, until Federal Reserve Banks possess discretion to disclaim or reject a grasp account utility, state chartering legal guidelines can be the one layer of insulation for the U.S. monetary system,” the decide wrote. “And in that state of affairs, one can readily foresee a ‘race to the underside’ amongst states and politicians to draw enterprise by lowering state chartering burdens by way of lax laws, permitting minimally regulated establishments to realize prepared entry to the central financial institution’s balances and Federal Reserve companies.”
