US State of Wyoming enacted a law concerning the creation of special purpose depository institutions which concern digital assets. The legislature’s findings in the new law state:
(a) The legislature finds the following:
(i) The rapid innovation of blockchain technology, including
the growing use of virtual currency and other digital assets, has resulted in
many blockchain innovators being unable to access secure and reliable banking
services, hampering development of blockchain services and products in the
marketplace;
(ii) Federally insured financial institutions are not
generally permitted to manage accounts in virtual currency or hold other
digital assets;
(iii) Blockchain innovators have greater compliance
challenges with federal customer identification, anti-money laundering and
beneficial ownership because of the complex nature of these obligations and the
unfamiliarity of regulators with blockchain innovators' businesses;
(iv) These intricate obligations have resulted in many
financial institutions in Wyoming and across the United States refusing to provide
banking services to blockchain innovators and also refusing to accept deposits
in United States currency obtained from the sale of virtual currency or other
digital assets;
(v) Compliance with applicable federal and state laws is
critical to ensuring the future growth and reputation of the blockchain and
technology industries as a whole;
(vi) Most financial institutions today do not have the
requisite expertise or familiarity with the challenges facing blockchain
innovators which is required to provide secure and reliable banking services to
these innovators;
(vii) A new type of Wyoming financial institution that has
expertise with customer identification, anti-money laundering and beneficial
ownership requirements could seamlessly integrate these requirements into its
operating model; and
(viii) Authorizing special purpose depository institutions to
be chartered in Wyoming will provide a necessary and valuable service to
blockchain innovators, emphasize Wyoming's partnership with the technology and
financial industry and safely grow this state's developing financial sector.
The full bill is available, here. More information concerning the law is available, here.
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