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In September 2015, Boston-based [[Circle (company)|Circle]] was granted the first BitLicense, although in December 2016 the company had pivoted away from its bitcoin exchange to focus more on payments.<ref>{{cite web |url= https://blogs.wsj.com/moneybeat/2015/09/22/circle-gets-first-bitlicense-releases-circlepay-new-service/ |title=Circle Gets First ‘BitLicense,’ Releases CirclePay, New Service |author=Paul Vigna |date=Sep 22, 2015 |work=WSJ}}</ref><ref>{{cite web |url= https://www.reuters.com/article/2015/09/22/us-bitcoin-regulations-idUSKCN0RM1TP20150922 |title=NY regulator issues first license for bitcoin company |author=Karen Freifeld |date=September 22, 2015 |work=Reuters}}</ref><ref>{{cite web |url= http://www.betaboston.com/news/2015/09/22/circle-gets-first-bitcoin-license-from-new-york-regulators/ |title=Circle gets first bitcoin license from New York regulators |author=Curt Woodward |date=September 22, 2015 |work=betaboston.com}}</ref><ref>{{cite web |url= http://www.dfs.ny.gov/about/press/pr1509221.htm |title= Press Release - NYDFS Announces Approval of first BitLicense application from a virtual currency firm |author=NYDFS |date= September 22, 2015 |work=ny.gov}}</ref><ref name=":0">{{Cite news|url=http://www.coindesk.com/bitcoin-exchange-coinbase-receives-bitlicense/|title=Bitcoin Exchange Coinbase Receives New York BitLicense - CoinDesk|date=2017-01-17|access-date=2017-02-02|language=en-US|newspaper=CoinDesk}}</ref>
In September 2015, Boston-based [[Circle (company)|Circle]] was granted the first BitLicense, although in December 2016 the company had pivoted away from its bitcoin exchange to focus more on payments.<ref>{{cite web |url= https://blogs.wsj.com/moneybeat/2015/09/22/circle-gets-first-bitlicense-releases-circlepay-new-service/ |title=Circle Gets First ‘BitLicense,’ Releases CirclePay, New Service |author=Paul Vigna |date=Sep 22, 2015 |work=WSJ}}</ref><ref>{{cite web |url= https://www.reuters.com/article/2015/09/22/us-bitcoin-regulations-idUSKCN0RM1TP20150922 |title=NY regulator issues first license for bitcoin company |author=Karen Freifeld |date=September 22, 2015 |work=Reuters}}</ref><ref>{{cite web |url= http://www.betaboston.com/news/2015/09/22/circle-gets-first-bitcoin-license-from-new-york-regulators/ |title=Circle gets first bitcoin license from New York regulators |author=Curt Woodward |date=September 22, 2015 |work=betaboston.com}}</ref><ref>{{cite web |url= http://www.dfs.ny.gov/about/press/pr1509221.htm |title= Press Release - NYDFS Announces Approval of first BitLicense application from a virtual currency firm |author=NYDFS |date= September 22, 2015 |work=ny.gov}}</ref><ref name=":0">{{Cite news|url=http://www.coindesk.com/bitcoin-exchange-coinbase-receives-bitlicense/|title=Bitcoin Exchange Coinbase Receives New York BitLicense - CoinDesk|date=2017-01-17|access-date=2017-02-02|language=en-US|newspaper=CoinDesk}}</ref>


In October 2015, an article 78 was filed in the Supreme Court of the State of New York challenging the authority of the [[New York State Department of Financial Services]] to define virtual currency.<ref>{{cite web |url=http://www.article78againstnydfs.com/index.html |title=Article 78 against NYDFS}}</ref> Justice St George heard the case on October 10, 2017<ref>{{cite web |url=https://web.archive.org/web/20171031154334/http://www.article78againstnydfs.com/docs/Index-101880-15/18-Hearing/01-Transcript-version.pdf|title=New York State Supreme Court Hearing Transcript}}</ref> and will render her decision on January 11, 2018<ref>{{cite web |url=http://www.nydailynews.com/new-york/man-bitcoin-bodega-lawsuit-paul-krugman-testify-article-1.3554489|title=New York Daily News: Man at center of bitcoin-bodega lawsuit wants Paul Krugman to testify.|date=11 October 2017|work=New York Daily News}}</ref>
In October 2015, an article 78 was filed in the Supreme Court of the State of New York challenging the authority of the [[New York State Department of Financial Services]] to define virtual currency.<ref>{{cite web |url=http://www.article78againstnydfs.com/index.html |title=Article 78 against NYDFS}}</ref> Justice St George heard the case on October 10, 2017<ref>{{cite web |url=https://web.archive.org/web/20171031154334/http://www.article78againstnydfs.com/docs/Index-101880-15/18-Hearing/01-Transcript-version.pdf|title=New York State Supreme Court Hearing Transcript}}</ref> and dismissed the case on January 3, 2018<ref>{{cite web |url=https://www.coindesk.com/judge-dismisses-long-shot-bid-overturn-new-york-bitcoin-law/|title=Judge Dismisses Long-Shot Bid to Overturn New York Bitcoin Regulation.|date=3 January 2018|work=Coindesk}}</ref>


In July 2016, San Francisco-based [[Ripple (company)|Ripple]] was awarded the second BitLicense.<ref name=":0" />
In July 2016, San Francisco-based [[Ripple (company)|Ripple]] was awarded the second BitLicense.<ref name=":0" />

Revision as of 13:30, 12 January 2018

A BitLicense is the common term used for a business license of virtual currency activities, issued by the New York State Department of Financial Services (NYSDFS) under regulations designed for companies.[1][2][3] The regulations are limited to activities involving New York or a New York resident. Those that reside, are located, have a place of business, or are conducting business in the State of New York count as New York Residents under these regulations.[4]

Overview

The regulations define virtual currency business activity as any one of the following types of activities:

  • receiving virtual currency for Transmission or Transmitting virtual Currency, except where the transaction is undertaken for non-financial purposes and does not involve the transfer of more than a nominal amount of virtual currency;
  • storing, holding, or maintaining custody or control of virtual currency on behalf of others;
  • buying and selling virtual currency as a customer business;
  • performing Exchange Services as a customer business, or;
  • controlling, administering, or issuing a virtual currency.

But, the 2 following activities are excluded from the definition of virtual currency business activity:

  • development and dissemination of software in and of itself;
  • merchants and consumers that utilize virtual currency solely for the purchase or sale of goods or services or for investment purposes.[4]

History

On July 17, 2014, the department released details on a proposed "BitLicense", which places regulations on any company or person that uses cryptocurrencies residing in New York.[5][6] The proposed regulations were officially published in the New York State Register on July 23, beginning a 45-day comment period.[7][5] On February 25, 2015, a revised proposal notice was published, beginning another 30-day comment period.[8]

It came into effect on August 8, 2015. At least ten[9] bitcoin companies announced they were stopping all business in New York State because of the new regulations.[10][11] The New York Business Journal called this the "Great Bitcoin Exodus".[10]

In September 2015, Boston-based Circle was granted the first BitLicense, although in December 2016 the company had pivoted away from its bitcoin exchange to focus more on payments.[12][13][14][15][16]

In October 2015, an article 78 was filed in the Supreme Court of the State of New York challenging the authority of the New York State Department of Financial Services to define virtual currency.[17] Justice St George heard the case on October 10, 2017[18] and dismissed the case on January 3, 2018[19]

In July 2016, San Francisco-based Ripple was awarded the second BitLicense.[16]

In January 2017, San Francisco-based Coinbase, one of the most heavily funded startups in the Bitcoin industry, was awarded the third BitLicense. Although as of January 2017 only three BitLicenses were awarded, multiple applicants also tried to receive it, but were all denied.[16]

References

[20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33]

  1. ^ Michael J. Casey (3 June 2015). "NY Financial Regulator Lawsky Releases Final BitLicense Rules for Bitcoin Firms". WSJ.
  2. ^ "New York lays out requirements for a 'BitLicense'". Fast FT.
  3. ^ Kaja Whitehouse, USAToday (3 June 2015). "'Bitlicense' rules regulating bitcoin released". USA TODAY.
  4. ^ a b "Regulations of the Superintendent of Financial Services, part 200: virtual currencies" (PDF). Department of Financial Services. Retrieved April 13, 2017. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  5. ^ a b New York State Department of Financial Services (July 17, 2014). "NYDFS Releases Proposed BitLicense Regulatory Framework for Virtual Currency Firms" (Press release). Retrieved July 19, 2014.
  6. ^ Santori, Marco (July 18, 2014). "What New York's Proposed Regulations Mean for Bitcoin Businesses". CoinDesk. Retrieved July 19, 2014.
  7. ^ New York State Register, Vol. XXXVI, Issue 23 (July 23, 2014), pp. 14-16. Rulemaking I.D. No. DFS-29-14-00015-P.
  8. ^ New York State Register, Vol. XXXVII, Issue 8 (February 25, 2015), pp. 17-18. Rulemaking I.D. No. DFS-29-14-00015-RP.
  9. ^ Roberts, Daniel. "Behind the "exodus" of bitcoin startups from New York". Fortune. Retrieved 10 October 2016.
  10. ^ a b Michael del Castillo (August 12, 2015). "The 'Great Bitcoin Exodus' has totally changed New York's bitcoin ecosystem". New York Business Journal.
  11. ^ "Bitcoin company ditches New York, blaming new regulations". Fortune. June 11, 2015.
  12. ^ Paul Vigna (Sep 22, 2015). "Circle Gets First 'BitLicense,' Releases CirclePay, New Service". WSJ.
  13. ^ Karen Freifeld (September 22, 2015). "NY regulator issues first license for bitcoin company". Reuters.
  14. ^ Curt Woodward (September 22, 2015). "Circle gets first bitcoin license from New York regulators". betaboston.com.
  15. ^ NYDFS (September 22, 2015). "Press Release - NYDFS Announces Approval of first BitLicense application from a virtual currency firm". ny.gov.
  16. ^ a b c "Bitcoin Exchange Coinbase Receives New York BitLicense - CoinDesk". CoinDesk. 2017-01-17. Retrieved 2017-02-02.
  17. ^ "Article 78 against NYDFS".
  18. ^ "New York State Supreme Court Hearing Transcript" (PDF).
  19. ^ "Judge Dismisses Long-Shot Bid to Overturn New York Bitcoin Regulation". Coindesk. 3 January 2018.
  20. ^ Cameron Fuller (31 January 2014). "Bit Licenses: How Will New York Regulate Bitcoins?". International Business Times.
  21. ^ "Benjamin Lawsky unveils New York's historic BitLicense framework - New York Business Journal". New York Business Journal. 3 June 2015.
  22. ^ "Fmr New York bitcoin watchdog can't help bitcoin startups get license - Fortune". Fortune. June 11, 2015.
  23. ^ Ian McKendry (3 June 2015). "After N.Y. Makes 'BitLicense' Official, Focus Moves to Who's Next". American Banker.
  24. ^ "New York Releases Final BitLicense". CoinDesk.
  25. ^ Michael Bobelian (8 June 2015). "NY's BitLicense Reveals The Difficult Trade-offs Of Regulating Bitcoin". Forbes.
  26. ^ "NYDFS BitLicense Draft - Business Insider". Business Insider. 17 July 2014.
  27. ^ "What BitLicense Regulations Mean for Bitcoin". NASDAQ.com. 10 June 2015.
  28. ^ "New York Outs Final BitLicense For Bitcoin And Other Digital Currency Companies". Tech Times.
  29. ^ "New York Regulator Finalizes First-Of-Its-Kind Plan To Govern Virtual Currency With "BitLicense"". Consumerist.
  30. ^ "UPDATE 2-New York regulator issues final virtual currency rules". Reuters.
  31. ^ Mariella Moon. "New York sets rules for running Bitcoin exchange businesses". Engadget. AOL.
  32. ^ "Companies burdened by BitLicenses real cost - EconoTimes". EconoTimes.
  33. ^ "NYDFS Receives 22 Initial BitLicense Applications". CoinDesk.


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