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This compilation of bitcoin and cryptocurrency laws in all 50 states plus DC and Puerto Rico will help you understand the fragmented bifcoin of American crypto regulation. Table of Contents. In every case, the bitcoin and cryptocurrency laws focus on protecting consumers and fighting money laundering. This is the same category applied bitcoin puerto rico atm Western Union, PayPal and remittance brokers. Money transmitters must adopt know-your-customer procedures and keep detailed records. Most states make money transmitters set aside reserves of cash, called permissible investments, to refund consumers when something goes wrong. A handful of states have decided to make operating a cryptocurrency business as easy as possible.
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This compilation of bitcoin and cryptocurrency laws in all 50 states plus DC and Puerto Rico will help you understand the fragmented landscape of American crypto regulation. Table of Contents. In every case, the bitcoin and cryptocurrency laws focus on protecting consumers and fighting money laundering.
This is the same category applied to Western Union, PayPal and remittance brokers. Money transmitters must adopt know-your-customer procedures and keep detailed records. Most states make money transmitters set aside reserves of cash, called permissible investments, to refund consumers when something goes wrong.
A handful of states have decided to make operating a cryptocurrency business as easy as possible. The politicians in these states believe this approach will drive for economic growth and job creation. First among these pioneers, Texas defined how virtual currency companies qualify as money transmitters. More recently, Wyoming has exempted cryptocurrency dealers from its financial regulations — and even exempts crypto sales from property taxes. Puerto Rico is hoping that a flexible approach to cryptocurrency regulation will create desperately-needed jobs and economic growth.
Other states are more concerned with the risks cryptocurrency firms pose than by the opportunities. For them, protecting consumers and investors comes before the business needs of crypto exchanges. Among the burdens placed on virtual currency firms:. In crypto circles, New York is the most notorious of these states. Washington and Wyoming have also implemented stricter policies than most states.
Hawaii, Connecticut and California are trying, or tried and failed, to enact similar regulations. They based the uniform framework on their own BitLicense regulations. That should give you an idea of how little the crypto industry likes the proposal. Some states have taken a middle path. More than forty states simply treat crypto firms as possible money transmitters. Regulators in these states provide guidance on how the laws apply to companies that handle virtual currencies.
Other states know that cryptocurrency is trending. Their laws may not mention virtual currency, but regulators publish guidance for crypto companies.
Companies must contact regulators directly to find out if they must be licensed. This guide to bitcoin and cryptocurrency laws in the United States is purely informational. Of course, politicians and regulators could change things at any time. However, the Alabama Securities Commission has not clarified whether companies that only handle cryptocurrency fall under the new money transmission regulations.
Before a crypto company can get a money transmitter license, it must request a Limited License Agreement Order. Alaska House Bill is working its way through the state legislature. It updates the regulations with definitions of virtual currencies and classifies the handling of virtual currency, with or without fiat, as a form of regulated money transmission. However, the DBO had been evaluating cryptocurrencies as early as when it issued an advisory warning to consumers and investors that the category was not regulated.
The legislation failed to make it out of committee. An attempt to address this lack of clarity, Colorado House Billwould have described when wallet providers, traders and exchanges fall under the definition of money transmitters as well as clarified when altcoins fall under securities regulations.
The bill died in the Colorado Senate. Public Actpassed inadded virtual currencies to the criteria for regulation as a money transmitter in Connecticut. In other words, for every bitcoin a Hawaiian crypto investor held, an exchange would have to put the equivalent amount of dollars into a reserve account. That financial burden forced Coinbase to abandon Hawaii. Senate Bill would eliminate the capital reserve requirements and make it easier for cryptocurrency businesses to set up shop in Hawaii.
The bill is still making its way through committees, but could reach the full legislature later this year. In that case, bitcoin puerto rico atm DFPR recommends companies to request a determination. The guidance document gives examples when this would be the case, including:. In earlythe Maryland Financial Consumer Protection Commission delivered an interim report PDF on financial trends that could require additional regulation.
The Massachusetts regulations for money services businesses do not mention virtual currency. However, since the exchange did not meet the definition of a foreign transmittal agency, CEX did not need a license from the Division of Banks.
As far back asCoindeavors got a similar response for its bitcoin kiosk business. The Department of Insurance and Financial Services does not publish guidelines specific to virtual currencies.
The Minnesota Commerce Department does not publish guidance on virtual currency regulations. The Department of Banking and Consumer Finance does not publish guidance specific to virtual currencies. The Division of Finance does not publish formal policies for virtual currency businesses.
Montana does not regulate money transmission, nor does it have cryptocurrency-specific legislation. The Department of Banking and Finance does not publish guidance for crypto-based companies. Nebraska lawmakers introduced several crypto-related bills in the current legislative session. Legislature Bill would have adopted the Uniform Regulation of Virtual-Currency Businesses, but failed to pass the legislature. The Department of Business and Industry does not publish guidelines for virtual currency companies.
A year later, House Bill exempted the conversion or transmission of cryptocurrencies from those laws. After Governor Sununu signed the legislation, the Banking Department issued a statement PDF saying it would no longer regulate businesses solely engaged in virtual currency transactions. Shortly after the law went into effect, The Concord Monitor reported, crypto startup BitQuick announced that it would start selling bitcoins in New Hampshire branches of Bank of America and Citizens Bank.
Within months, exchanges and other crypto services stopped doing business in New York. After 8 months of consideration, for example, Kraken exited New York. Other exchanges, such as Gemini and Coinbase, chose to go through the BitLicense process. The rules apply to any company that transmits, stores, controls or issues cryptocurrencies. This includes exchanges and custodial wallets. Individuals and merchants are not subject to the regulation.
Depending on the nature of the business model, a crypto service may have to get both a BitLicense and a money transmitter license. One of the biggest criticisms of the BitLicense is the extensive documentation companies must submit — and the legal fees associated with compiling a complete submission.
Smaller companies like Bittrex and MonetaGo spent considerably less, but the costs were still significant for the startups. North Carolina added virtual currency companies to its Money Transmitter Act in As a result, crypto companies received clear guidance from the North Carolina Commissioner of Banks. Transmitting virtual currencies, regardless of whether the company deals in fiat, qualifies as money transmission.
The biggest change allows exchanges to count the virtual currencies they hold in custody towards the reserves. Oregon money transmission regulations do not mention virtual currencies. The Division of Financial Regulation does not publish guidance for crypto companies.
The council will guide the development of regulations friendly to cryptocurrency companies and blockchain-based businesses in general. The Puerto Rican government exempts businesses from US federal taxes, capital gains taxes and several other taxes for the next fifteen years. Led by blockchain entrepreneur Brock Pierce, these people see Puerto Rico as the ideal place to create new businesses.
The somewhat empty claims and generally boorish behavior of these crypto-elites prompted charges of crypto-colonialism The Conversationhypocrisy CoinDesk and disaster capitalism The Nation. The Rhode Island Department of Banking does not publish guidance for companies dealing in virtual currencies. Rhode Island House Bill was an attempt in to include virtual currencies in the definition of electronic money transfers.
It did not pass the legislature. The Department of Labor and Regulation does not publish guidance for cryptocurrency-related businesses. However, any company that offers to exchange, administer, or maintain virtual currencies for sovereign currency may be subject to state regulation and licensing as well as federal regulation.
The memo reviewed the development of cryptocurrency and ruled:. However, when a cryptocurrency transaction does include sovereign currency, it may be money transmission depending on how the sovereign currency is handled. This ruling made Texas an early mover in defining a regulatory stance to bitcoin and other virtual currencies. The DFI subsequently posted its guidance on virtual currency regulation.
Washington-based tech site GeekWire reported on the mixed response from the crypto industry. ShapeShift gave its reasons for leaving Washington :.
Earlier this year, the governor of Wyoming signed several pieces of crypto-related legislation into law.
Compared to other countries, Australia is much further along in the process of integrating its crypto industry into the mainstream economic. As a result, crypto laws in Australia cover everything from miners to Most competing services are only a year or two old. Please note that CoinIQ is reader-supported. When you sign up for products or services through links on CoinIQ, we may receive an affiliate commission.
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