Hawaiian Bills Would Capture Crypto Under Money Transmission Law

Two bills introduced in the Hawaiian Senate last week are aiming to define and include virtual currencies within domain of the state’s Money Transmitters Act.

If passed, HI SB2853 and HI SB3082 would require those seeking to transmit virtual currencies in the state to have a license to do so. They would also mandate that these persons or businesses issue a warning to consumers prior to enabling such transactions.

However, the legislation notably exempts exchanges from section 489D-8 of the Act, which mandates money transmitters maintain cash reserves equal to the virtual currency funds held for clients. Hawaii’s Division of Financial Institutions previously indicated it planned to leave the requirement intact, prompting U.S. exchange Coinbase to terminate its services in the state.

Still, while including a carve-out, HI SB3082 further features a warning that cautions against the volatility of cryptocurrencies, and emphasizes that they are not backed or insured by any government or commodities…

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