The proposed act claims that
virtual currency business activities are similar to money transmitter services, and would require comparable regulations and licensing in order to fulfill consumer protection requirements.
The draft sets guidelines which suggest a maximum civil penalty of $ 50,000 for «a person [who] engages
in virtual currency business activity with a resident in violation of this [act].»
On July 14, 2017, Llew Claasen, executive director of the Bitcoin Foundation, asked the Uniform Law Commission (ULC), to withdraw its proposed Uniform Regulation of
Virtual Currency Businesses Act.
For example, New York drafted the BitLicense regulation
for virtual currency businesses in 2014, signed it into law by 2015 and only awarded the first two licenses in the summer of 2016.
The New York State Legislature gave supervision and regulation authority to the New York Department of Financial Services, which
requires virtual currency businesses operating within the state to have a BitLicense.
Under a bill introduced by Assemblyman Matt Dababneh, who chairs the assembly's Banking and Finance Committee,
virtual currency businesses operating in the state would need a license from the Department of Business Oversight.
The company was the first startup to be awarded a BitLicense, a certification for
virtual currency businesses issued by the New York State Department of Financial Services.
The BitLicense authorizes Coinbase's continuing
virtual currency business operations in the state of New York and is seen by many as an assurance marker for bitcoin exchanges operating within the US to be regarded as a transparent, safe and secure.
The Bitlicense, which authorizes Coinbase's
continuing virtual currency business operations in the state of New York, is an important validation of our highest priority: to operate the most secure and compliant digital currency exchange in the world.
Virtual currency business owner Theo Chino commenced an action against the State, arguing that the DFS does not have the authority to enforce the BitLicense.
Again, the goal of any licensing regime should be to ensure that California provides a hospitable environment for virtual currency companies and that California remains at the forefront of
virtual currency business development, while still providing solid consumer protection.
On January 4, 2016, Chino's application was returned without further proceeding because the DFS said it was «unable to evaluate whether [Chino's] current or planned business activity would be
considered Virtual Currency Business Activity that requires licensing under the Regulation.»
If approved by the ABA, the model law moves forward to state legislators to be considered for state law, at which point, the associated state will have a comprehensive framework on exactly how to
approach virtual currency businesses.
In fact, to
support virtual currency businesses, Coin Center strongly advocates for a federal licensing system for money transmitters rather than the state - by - state licensing that is currently standard.
The RBI «is also not in favor of banning virtual currencies,» but sources pointed out that «the current form of the bill proposes to
ban virtual currency businesses.»
Subscriptions account for much of that revenue ($ 153.8 million), but Zoosk also has a rapidly
growing virtual currency business that jumped from $ 5.4 million in revenue in 2012 to $ 24.3 million a year later.
«When we get into more complex requirements, like AML / KYC / BSA, the compliance cost can add up pretty quickly
if virtual currency businesses have to collect different information and report it in a different way in the various countries around the world that they operate in,» Boring said.
While the law
governing virtual currency businesses will continue to evolve, itBit has adopted the trust company model, in part, because being subject to bank - like regulation means it will already be complying with the most rigorous regulatory standards.
Benjamin M. Lawsky, superintendent of financial services for the State of New York, called the prospect of a New York - based exchange a «double whammy» that could encourage onshore transactions while helping eliminate the bad actors and lax oversight that have so far
plagued virtual currency businesses and law enforcement.
In a statement issued following his state's decision to temporarily shelve further regulatory deliberations this year, he said that more time was needed to strike a balance between
giving virtual currency businesses a firm foundation and ensuring consumers are protected.
The organization also plans to take 10 percent of Huobi Group's Korean entity and Huobi, in turn, will receive 30 % of the equity in the
SBI Virtual Currencies business.
On social media, commentators and Indian users rallied to show their opposition to the move, which also requires any financial institutions currently
servicing virtual currency businesses to «exit their relationship» within three months.
At the end of the day, ambitious endeavors like the Uniform Regulation of
Virtual Currency Businesses Act can only be profitable for American consumers and entrepreneurs if both US officials and innovators can get on the same page.
In accordance with the New York State Administrative Procedure Act (SAPA), the final DFS rules
for virtual currency business activity have been published in the New York State Register's June 24, 2015 edition.
The draft also allows for a bit of flexibility; provisional registrants are defined as those who register with their states to
conduct virtual currency business but do not conduct business in such great volume as to be licensed, nor a low enough volume to be considered exempt.
Most recently, Llew Claasen, Executive Director of the Bitcoin Foundation, pleaded to the National Conference of State Legislators, a bipartisan non-governmental organization that represents staff and members of American state legislatures, to reject any and all proposed legislation modeled after the Uniform Regulation
of Virtual Currency Businesses Act.
As set forth below, the Act improves upon the New York and North Carolina regulations by striking a balance that
allows virtual currency businesses to innovate and grow, while also providing important consumer safeguards.
They say he also participated in bribing Gross to gain control over the credit union to facilitate
the virtual currency business.
According to the draft, the act's purpose is to «create a statutory structure for regulating the «
virtual currency business activity» of person offering services or products to residents of enacting states.»