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Cryptocurrencies

2018: The Year of Regulations for Cryptocurrencies

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Cryptocurrencies marriage license

Postby Zulugor В» 14.01.2020

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The pace at which states are legislating blockchain technology and cryptocurrencies appears to be accelerating. However, there is no standardization or uniformity in how states are choosing to treat these emerging technologies. Over the past year, several states have adopted or proposed new legislation that relates to the use of blockchain in business usually exempting digital currencies from money transmitter and securities laws or recognizing that records secured through blockchain technology have the same legal status as written records.

While many states are putting out the welcome sign for the blockchain industry, others have trended toward restriction. These states have made it clear that cryptocurrencies will receive no securities exemptions and will be subject to various taxes and licensing requirements. Here is a sampling of state legislative activity relating to blockchain technology and cryptocurrencies:.

The authors gratefully acknowledge the work and contributions of Maddie Level , a law school student at the University of Kansas, in preparation of this Alert. The information contained in this document is provided to alert you to legal developments and should not be considered legal advice.

It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information.

The choice of a lawyer is an important decision and should not be based solely on advertisements. Find us on Facebook. Follow us on Twitter. Dale A. Disruptive Technology. July 18, www. Werts Kansas City T: Here is a sampling of state legislative activity relating to blockchain technology and cryptocurrencies: State.

Legal or Administrative Action. Act also permits the use of smart contracts in the state. SB would, if enacted, allow county recorders to issue marriage certificates via blockchain. AB would, if enacted, prohibit persons from engaging in business activities related to virtual currency unless they are registered with the Department of Business Oversight.

In March , Colorado adopted the Colorado Digital Token Act which provides limited exemptions from state securities law for qualifying cryptocurrencies. SB , if enacted, would require the Connecticut Secretary of Policy and Management to develop a plan to incorporate blockchain technology in the administration of state functions by fall SB , if enacted, would prohibit employee contracts for those working in the blockchain industry from containing non-compete clauses.

HB , if enacted, would authorize the use of smart contracts within Connecticut. On March 9, , Georgia introduced amendments to the Georgia Sports Betting Act, that would subject bets made with cryptocurrencies to regulations.

HF , if enacted, would provide certain exemptions for virtual currency from securities and money transmitter laws. SB , if enacted, would require money transmitters and licensees to maintain certain amounts of virtual currency under certain circumstances.

HB , if enacted, would establish regulations for financial institutions providing services for digital assets. Adopted May 8, , HB amends Montana securities law to allow certain cryptocurrency transactions. HB , if enacted, would exempt virtual currencies from property taxes. Moreover, SB also states that a person who uses a public blockchain does not automatically relinquish ownership of any information stored in the blockchain.

SB authorizes certain businesses to store certain records on a blockchain. SB recognizes certain virtual currencies as a form of intangible property for tax purposes. New Jersey. New Mexico. New York. AB would also acknowledge signatures, records, and contracts secured via blockchain as valid electronic forms. North Dakota. Adopted on April 24, , HB recognizes signatures, contracts and records secured through blockchain technology to be valid, electronic forms.

HB , if enacted, would exempt open blockchain tokens from certain portions of state securities law. HB , if enacted, would allow Ohio government entities to utilize blockchain technology. Adopted on April 25, , SB recognizes records, contracts, and signatures secured through blockchain technology to be a valid, electronic form.

SB , if enacted, would clarify when an open blockchain token would be subject to securities exemptions. Adopted on May 3, , HB prohibits the state government from accepting payments made using virtual currency. Rhode Island. SB , if enacted, would amend current money transmitter laws to include cryptocurrencies and would require businesses engaging in the transmission of virtual currency to obtain a license from the state.

Introduced on February 28, , HB is a comprehensive proposal for the regulation of virtual currency that would, if enacted, exempt virtual currency from state securities law. South Carolina. SB , if enacted, would exempt blockchain tokens from securities and money transmission laws. SB would also establish a state sanctioned fintech sandbox.

South Dakota. Adopted on March 26, , SB exempts blockchain tokens from state money transmitter laws. HB , if enacted, would create a rebuttable presumption that a business record registered on a blockchain is self-authenticating for certain facts. Adopted on April 26, , SB states that an electronic record may not be denied legal effect because it was generated, communicated, received, or stored using blockchain technology.

West Virginia. SB , if enacted, would establish a state sanctioned fintech sandbox. Adopted on February 19, , HB 57 creates a state sanctioned fintech sandbox. HB 62 establishes open blockchain tokens with certain characteristics are not subject to securities exemptions.

HB 70 authorizes the Secretary of State to develop and implement a blockchain filing system. HB 74 authorizes a state-charted special purpose depository as a new form of financial institution. HB authorizes corporations to issue certificate tokens via blockchain in lieu of stock certificates.

SF recognizes various categories of digital assets including virtual currency and identifies the personal property rights for those owning such assets.

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