Cryptocurrency Exchange License in the USA
The regulation of digital currencies in the United States began in 2013. The government decided not to ban cryptocurrency but to categorize it as decentralized finance. Consequently, digital currencies are now subject to taxation, monitoring, and are treated the same way as fiat currencies.
Main Information about Cryptocurrency Exchange Licensing in the USA
The existence of a legal framework imposes certain requirements on crypto exchanges and other companies conducting digital currency transactions. In particular, such organizations must:
- register as financial service providers;
- obtain the relevant license — a BitLicense;
- report certain transactions to U.S. regulators — as part of anti-money laundering, counter-terrorism financing, and tax compliance measures.
If you want to obtain a cryptocurrency license in the USA, keep in mind that businesses dealing with digital currencies are subject to taxation. Income from cryptocurrency transactions is taxed as capital gains — up to 20%.
Cryptocurrency Exchange License in the USA: Licensing Specifics
The U.S. financial regulator — FinCEN — oversees the licensing of companies engaged in cryptocurrency transactions. Licenses may be federal or local (within individual states). To operate on a nationwide level, the license must be renewed annually, with renewal fees reaching $300,000 or more.
One advantage entrepreneurs gain after licensing is the ability to legalize operations in other countries. This allows a company to offer crypto services worldwide in jurisdictions recognizing such licenses. In this case, firms will also find it easier to open a bank account if they decide to operate outside the U.S.
If you decide to obtain a cryptocurrency exchange license in the U.S., once licensed, your company will be able to:
- act as an intermediary in transactions involving the exchange of digital currencies for fiat money;
- facilitate exchanges between different types of cryptocurrencies.
In all these cases, your company’s activities will comply with legal requirements. To exchange crypto for fiat currency, you will need a Money Transmitter License, while for crypto-to-crypto transactions, an MSB License is required.
Licensing of Crypto Exchanges in the USA: Different States’ Views on Digital Currencies
When considering licensing, note that in addition to federal requirements, each state has its own stance on digital currencies. This can create inconsistencies, as some states do not require a crypto license at all.
The same applies to minimum share capital, taxation specifics, and other factors. In most states, beneficiaries are required to maintain a certain minimum balance — from $1,000 up to $1 million USD. However, in Georgia, this requirement is not legislated at all.
To navigate these nuances and quickly obtain a crypto exchange license in the U.S., contact our firm. Our specialists will answer your questions, provide the necessary legal advice, and handle the licensing process for your digital asset company.
Free initial consultation on legal issues, related to the daily activities of the business
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