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S08901 Summary:

BILL NOS08901
 
SAME ASNo Same As
 
SPONSORMYRIE
 
COSPNSR
 
MLTSPNSR
 
Add §408-b, Fin Serv L
 
Prohibits unlicensed activities of virtual currency businesses and establishes criminal penalties for such actions.
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S08901 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8901
 
                    IN SENATE
 
                                    January 14, 2026
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Banks
 
        AN ACT to amend the financial services law, in relation  to  prohibiting
          unlicensed activities of virtual currency businesses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The financial services law  is  amended  by  adding  a  new
     2  section 408-b to read as follows:
     3    §  408-b. Unlicensed virtual currency businesses. (a) For the purposes
     4  of this section, a "prohibited unlicensed virtual  currency  act"  shall
     5  mean  engaging  in  an  activity  in  this  state for which a license is
     6  required by the department, without such license.
     7    (b) In addition to any civil or criminal liability provided by law:
     8    (1) any person who engages in a prohibited unlicensed virtual currency
     9  act shall be guilty of a class A misdemeanor;
    10    (2) any person who engages in a prohibited unlicensed virtual currency
    11  act, and in the course of that violation  engages  in  virtual  currency
    12  business activity, as defined by the department, that receives for tran-
    13  smission,  transmits, stores, holds, maintains custody or control, buys,
    14  sells,  provides  exchange  services,  administers,  or  issues  virtual
    15  currency: (A) with a total value of twenty-five thousand dollars or more
    16  during  a period of thirty days or less, or a total of two hundred fifty
    17  thousand dollars or more during a period of one year  or  less;  or  (B)
    18  knowing  said  virtual  currency  to  be  the  proceeds  of any criminal
    19  conduct, shall be guilty of a class E felony;
    20    (3) any person who engages in a prohibited unlicensed virtual currency
    21  act, and in the course of that violation  engages  in  virtual  currency
    22  business activity, as defined by the department, that receives for tran-
    23  smission,  transmits, stores, holds, maintains custody or control, buys,
    24  sells,  provides  exchange  services,  administers,  or  issues  virtual
    25  currency  with  a total value of fifty thousand dollars or more during a
    26  period of thirty days or less, or  a  total  of  five  hundred  thousand
    27  dollars  or more during a period of one year or less, shall be guilty of
    28  a class D felony; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14435-01-6

        S. 8901                             2

     1    (4) any person who engages in a prohibited unlicensed virtual currency
     2  act, and in the course of that violation  engages  in  virtual  currency
     3  business activity, as defined by the department, that receives for tran-
     4  smission,  transmits, stores, holds, maintains custody or control, buys,
     5  sells,  provides  exchange  services,  administers,  or  issues  virtual
     6  currency with a total value of one  hundred  thousand  dollars  or  more
     7  during  a  period  of  thirty  days  or  less, or a total of one million
     8  dollars or more during a period of one year or less, shall be guilty  of
     9  a class C felony.
    10    § 2. This act shall take effect immediately.
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