New York State Department of Financial Services Proposed Regulatory Framework for Virtual Currency Businesses

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On July 23, 2014, the New York State Department of Financial Services (the “NYDFS”) proposed a regulatory framework for persons that engage in virtual currency activities involving New York (the “BitLicense Proposal”). In doing so, New York has become the first state to propose tailored rules for virtual currency businesses. Comments on the BitLicense Proposal must be submitted to the NYDFS by or on September 6, 2014.

The industry applauds the NYDFS for taking this crucial step in creating a stable environment where legitimate virtual currency businesses can flourish. Without a doubt, regulation is necessary to provide legal certainty to industry participants, for the safeguarding of customer assets and to combat illegal activities. On the other hand, the BitLicense Proposal is viewed by some to be so heavy-handed that it may stifle innovation and force virtual currency businesses to avoid any involvement with the State of New York.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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