Launched after some delay in June 2015, the New York State Department of Financial Services» (NYDFS) regulatory framework — dubbed the «BitLicense» — sets out that no company or individual can offer cryptocurrency services as a custodian or exchange without first receiving a license, and they must also operate in compliance with stringent
money transmitter regulations.
The New Hampshire State House has voted to exempt virtual currencies from
money transmitter regulations.
The app is also currently only available to US customers, though several states are excluded due to
their money transmitter regulations.
Wyoming has been the most aggressive in passing blockchain - friendly legislation, passing five laws: declaring that «utility tokens» would not be regulated under state securities laws, exempting cryptocurrencies from property taxes, adjusting
its money transmitter regulation to accommodate cryptocurrency exchanges, allowing LLCs to register on a blockchain, and enabling the secretary of state to register companies on a blockchain.
Not exact matches
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 recently enacted North Carolina
Money Transmitters Act takes a more business - friendly approach to regulating virtual currency businesses than the stringent New York BitLicense
regulation to the extent that it defines virtual currency and many other necessary terms so that businesses have more guidance in navigating the legislation.
The first, HB0019, is an exemption for «virtual currency» from
regulation under the Wyoming
Money Transmitter Act.
In addition, the guidance indicates that a person is an exchanger and a
money transmitter under the
regulations if he or she accepts convertible virtual currency from one person and transmits it to another person.»
The guidance applies only to convertible virtual currency and generally provides that administrators and exchangers of convertible virtual currency are
money transmitters and therefore are
money services businesses under the
regulations, subject to any applicable limitation or exemption.
They make a distinction between centralized virtual currencies and decentralized ones (here targeting Bitcoin), «a person is a
money transmitter under the
regulations if he or she creates units of convertible virtual currency and sells them to a third party for real currency or its equivalent.
Depending on how bitcoin sales are regulated in your country, you may or may not fall under «
money transmitter»
regulations.
from those states that either do not require additional
Money Transmitter License from Bitcoin companies, or those who are only in process of developing Bitcoin
regulation policies.
These
regulations have definitely stalled development of different kinds of Bitcoin companies, especially in the United States where businesses are required to gain a
money transmitter license in every state where they wish to do business.
Additionally, FinCEN claimed
regulation over American entities that manage bitcoins in a payment processor setting or as an exchanger: «In addition, a person is an exchanger and a
money transmitter if the person accepts such de-centralized convertible virtual currency from one person and transmits it to another person as part of the acceptance and transfer of currency, funds, or other value that substitutes for currency.»
FinCEN has stated that «exchangers» and «administrators» in the virtual currency ecosystem are considered
money transmitters (a category of Money Service Businesses), and are therefore required to register with FinCEN and comply with AML regulat
money transmitters (a category of
Money Service Businesses), and are therefore required to register with FinCEN and comply with AML regulat
Money Service Businesses), and are therefore required to register with FinCEN and comply with AML
regulations.
MasterCard called for licensing and
regulation of all digital currency operators that's comparable to the requirements for non-bank
money transmitters, including obligations to maintain Know - Your - Customer and anti-
money-laundering programs and to file suspicious activity reports, along with setting up consumer complaint processes.
• the Trust is determined to be a «
money transmitter» under the
regulations promulgated by FinCEN under the authority of the US Bank Secrecy Act and is required to comply with certain FinCEN
regulations thereunder, and the Trust receives notice from the Sponsor that, because of that determination, termination of the Trust is advisable;
To the extent that the activities of the Trust cause it to be deemed a «
money transmitter» under the
regulations promulgated by FinCEN under the authority of the US Bank Secrecy Act, the Trust may be required to comply with FinCEN
regulations, including those that would mandate the Trust to implement anti-
money laundering programs, make certain reports to FinCEN and maintain certain records.
Brian's regulatory advisory work extends to insurance, banking and
money transmitter laws, the Dodd - Frank Act, the National Bank Act, the Bank Holding Company Act, the FDIA, the Insurance Holding Company System Regulatory Act, U.S. securities laws, the Basel 3 risk - based and leverage capital rules, NAIC's RBC rules, the Insurers Rehabilitation and Liquidation Act, BSA / AML and OFAC rules, federal and state privacy rules (including GLB restrictions), FCRA, EFTA and
Regulation E, and Durbin /
Regulation II.
Be aware that «
money transmitters» are also highly regulated under each state's laws, many of which require advance licensure; however, because state
money transmitting laws are typically aimed at consumer protection rather than anti-
money laundering, we do not address the issue of state
regulation here other than to note that there is no uniform licensing scheme across the 50 states.
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A person that creates units of this convertible virtual currency and uses it to purchase real or virtual goods and services is a user of the convertible virtual currency and not subject to
regulation as a
money transmitter.
«Application of FinCEN's
Regulations to Persons Administering, Exchanging, or Using Virtual Currencies»), FinCEN stated that «a person that creates units of convertible virtual currency and sells those units to another person for real currency or its equivalent is engaged in transmission to another location and is a
money transmitter.»
The
regulations also stipulate that whether a person is a
money transmitter is a matter of facts and circumstances, and identifies circumstances under which a person's activities would not make such person a
money transmitter.
For example, one advisory point states «an administrator or exchanger that accepts and transmits a convertible virtual currency or buys or sells convertible virtual currency for any reason is a
money transmitter under federal
regulations and therefore should be registered as a
money services business.»
CipherTrace helps cryptocurrency
money transmitters to safely engage in bitcoin transactions and comply with anti-
money laundering (AML)
regulations more
Traditional financial institutions like banks and
money transmitters like Coinbase need personal information to confirm users» identities so they can comply with KYC and AML
regulations under the Patriot Act.
New
regulations that apply
money transmitter laws to cryptocurrency exchanges have gone into effect in the U.S. state of Washington.
«Generally, under existing
regulations and interpretations, a developer that sells convertible virtual currency, including in the form of ICO coins or tokens, in exchange for another type of value that substitutes for currency is a
money transmitter and must comply with AML / CFT requirements that apply to this type of MSB [
money services business].»
In particular, recognizing that we are subject to
regulation as a
money services business, we have registered with FinCEN as a
money transmitter, and are actively seeking licenses from US State financial authorities to operate as a
money transmitter within their jurisdictions.»
Bitcoin exchanges could also be considered
money transmitters and be required to follow additional
regulations under state law.
«Generally, under existing
regulations and interpretations, a developer that sells convertible virtual currency, including in the form of ICO coins or tokens, in exchange for another type of value that substitutes for currency is a
money transmitter and must comply with AML / CFT requirements that apply to this type of MSB.
On the day it launched, US financial regulator FinCEN released its
regulation on virtual currencies, confirming that anyone selling units of a decentralised virtual currency to another person for real currency or its equivalent is a
money transmitter.