Appurtenant to my discussion on the legality of DeFI lending platforms – found here, I have compiled a state-by-state analysis of consumer lending laws. My argument here is that DeFI lending platforms, while permissionless and peer-to-peer, still fall under state and federal regulation and would be required to obtain the requisite licenses.
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There are no specific laws or regulations governing cryptocurrency in Switzerland. Moreover, the laws of Switzerland do not define the term cryptocurrency.
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In today’s regulated environment, registration as a Money Service Business with U.S. FinCEN is an absolute must (and likely legal requirement) for the following cryptocurrency industry players: Peer to peer Bitcoin and other cryptocurrency traders on sites like LocalBitcoins.com and Paxful.com; Over-The-Counter and “institution” Bitcoin and other cryptocurrency traders; Cryptocurrency custodians and other service providers; […]
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A common question that I receive is what license(s) must I obtain in order to operate as a cryptocurrency exchange in the United States? Unfortunately, that answer is forty-nine (49) state money transmitter, or its equivalent, licenses.
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