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.
Not exact matches
However, it exempts «persons
conducting business using transactions
conducted in whole or in part in
virtual currency» from having to obtain a state money transmitter license.
Or, almost no one: «The license is not required for merchants or consumers that utilize
Virtual Currency solely for the purchase or sale of goods or services; or those firms chartered under the New York Banking Law to
conduct exchange services and are approved by DFS to engage in
Virtual Currency business activity.»
HB436, first filed in mid-January, aims to create an exception from money transmission requirements for «persons
conducting business using transactions
conducted in whole or in part in
virtual currency».
2A
Virtual Currency Exchange is defined as an entity that
conducts any of the following
businesses (according to the Payment Services Act, Article 2, Section 7)
The regulatory change will address, among others, anyone
conducting business with
virtual currencies, including maintaining control of
virtual currency on behalf of others.