GUARANTEE? WHAT GUARANTEE?
One of the (on the surface) appealing features of nyan.a is that its value is guaranteed to shareholders not to fall below 1.0 BTC per share. This is described in the contract as:
"The value of NYAN.A shares is guaranteed by CPA and NYAN against capital loss via the reasonably timely maintenance of a bidwall at 0.99 bitcoins per fund unit."
There are THREE seperate very good reasons why this guarantee is meaningless. I'll ignore nyan for now (its current assets are essentially just some BMF share) and discuss CPA.
REASON ONE (fairly minor one in fairness):
CPA is currently unable to maintain the bid-wall DESPITE there actually being little reason to sell nyan.a right now (other than the one detailed in this post). There have been Asks up for days now which aren't honoured despite usagi being well aware of that. Now I DO believe that usagi will clear those asks when it gets funds near the weekend - but clearly CPA doesn't maintain sufficient liquidity to cover its obligations.
REASON TWO (Pretty massive one):
The test of a party's willingness to honour their obligations is how they've behaved in the past. Ideally we'd like to look at some other situation where one of usagi's companies was insure by CPA. Luckily we can - all the gory details are here :
https://bitcointalksearch.org/topic/m.1229467In brief, CPA (usagi) insured BMF (usagi) against BMF losing NAV. When BMF lost NAV (usagi's special area of expertise) the insurance policy was not discussed, claimed upon or mentioned again. If usagi didn't honour the policy with BMF why should anyone believe (an even less formal) guarantee for nyan.a
REASON THREE (Pretty huge as well)
In usagi's latest fairy-tale, it says:
So what's left? CPA has less than 40,000 shares outstanding, and here are our assets:
1,213 shares of BMF
1 share of YARR
283 shares of NYAN.C
604 shartes of OBSI.HRPT
In the end, the only thing we have of value in CPA is the mining fund I run myself. So all in all, CPA is worth about 0.02 per share right now.
So, let's get this clear:
Half (roughly) of nyan.a's holdings are BMF.
Nyan.a is insured by CPA.
CPA's only assets of any note are BMF.
So if BMF collapses/largely devalues (through mismanagement, theft, a big drop in mining profitability or whatever) - WHERE does CPA get the funds from to cover its guarantee? You CAN'T meaningfully insure something if the insurance is covered by the very thing that is insured.
Even in the event of a fairly small drop in BMF value it would become impossible for CPA to liquidate its BMF holdings to honour its guarantee.
You'd think usagi would have learned this lesson after the pirate fiasco - where the funds covering the insurance turned out to, in some cases, be with pirate (this is NOT an accusation against usagi in respect of that - I DO believe usagi was misled by those with whom it deposited in some cases).
Not only is this sort of insurance cover wrong and meaningless - it's also specifically against the contract of CPA. I quote:
"5d. limited segregatability (de-risking sector default/widespread default)
To mitigate the risk of the default of an entire sector, THE CPA will seek to issue no more than 25% of it's coverage to any particular sector and will and to not insure assets using other assets from the same or similar sector. For example, we will avoid securing assets of a mining company with assets from other mining companies. In cases where this is unavoidable we will limit segregatability to pay claims on a first-come-first-serve basis, with the actual contract holders for the default event taking first priority. "
Now, inadvertently ending up in this situation is NOT (of itself) a breach of the contract. But CPA SHOULD be acting to get its funds properly segregated quickly - right now EVERY insurance policy it has out rests on a single asset (BMF) which doesn't exactly have a stellar record of growth expressed in BTC. And, whine all you want, about how it's gained in USD - how many of CPA's insurance policies are denominated in USD? (I could be wrong here - it may well be that CPA actually doesn't have any/many other policies out).
But it does raise the question: WHEN did CPA's holdings in BMF go over 25%? HOW did they get to nearly 100% without it ever being noticed? Has CPA actually been BUYING more BMF even after it had passsed its own 25% rule?
SUMMARY : the "guarantee" is meaningless. CPA doesn't maintain the liquidity to honour it, didn't honour a similar guarantee for another usagi company and (in the most likely scenario of significant cover being needed - a drop in the value of BMF) would be totally unable to honour it due to no longer having the assets to do so even it wanted to.
Usagi is trying to put all its eggs in one basket:
BMF is really the key, isn't it? Everything now depends on BMF.
The eggs (BMF) are already scrambled - and the basket (CPA) is an illusion.