Cryptocurrency is a virtual digital asset based on a decentralized system called the blockchain. It uses thousands of servers to monitor balances and is distributed across the world. This allows for increased security, but also makes it more difficult to track down bad actors. There are several different approaches to governing cryptocurrencies. Some countries treat cryptocurrencies as legal tender, while others do not.
The US has been relatively open to regulating cryptocurrencies, although there is still a lot of uncertainty. Whether the government is going to attempt to regulate individual users and impose taxes is unknown. However, there are laws in place to prevent money laundering, terrorism, and other illicit activities. Traders must report capital gains when they sell crypto, and taxpayers may have to report transactions on their tax returns.
Cryptocurrencies are also regulated in the United Kingdom. A Money Services Business (MSB) license is required to run an exchange. Exchanges need to register with the Financial Crimes Enforcement Network (FinCEN) and comply with Bank Secrecy Act regulations. In addition, exchanges must provide Suspicious Activity Reports when transactions exceed a certain amount. These regulations are expected to go into effect by fall 2022.
New York is the first state to enact regulations on cryptocurrencies. Most crypto exchanges will need a license. New York also requires businesses to meet certain criteria in order to purchase or store crypto.
Canada has also been active in regulating the industry, and the country continues to apply the same laws to cryptocurrencies as it does to securities. The government is currently working on a concrete plan. Although it is unclear if there will be additional legislation for cryptocurrencies, the government has provided new guidelines for countries to follow.
Wyoming is known for its supportive regulatory system. Crypto traders have found the state to be one of the most friendliest to invest in. The state has favorable asset protection features, including the ability to own an LLC. Its laws work with modern crypto laws and are designed to attract global crypto-businesses.
Arizona has not yet provided clarity on whether an individual seller needs a license to sell crypto. While there are no specific regulations for trading, it is likely that an individual seller would need a license to hold funds for a customer.
North Carolina has not been as strict on crypto as some other states. Several areas in the state have not specified whether an individual seller or an exchange should obtain a license. Individual sellers in the state may not need a license, but they should be aware of the Money Transmitter Act, which requires an MSB to have a license.
Oklahoma has not been as clear on whether a crypto exchange or an individual seller needs a license. An individual seller must not hold a customer’s funds and must not broker deals with third parties. But a centralized exchange may need a license.
The European Union is looking into further legislation for cryptocurrencies, and has begun developing a single AML/CTF manual for all member states. Meanwhile, the International Monetary Fund has been working on establishing global standards for cryptocurrencies.