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🇺🇸 United States

No single federal crypto licence, a fragmented state money-transmitter patchwork plus FinCEN MSB registration, now overlaid by the newly-signed GENIUS Act and the still-pending CLARITY Act.

Last verified 2026-08-15 Next review 2026-08-29

Data verified: oldest cell 46 days ago (verified 2026-07-02). Individual cells show their own verification date below.

Licence type

No single federal crypto licence. Fragmented dual-layer regime: (a) State-level Money Transmitter Licence (MTL), required in 49 states (all except Montana) plus DC, applied for via NMLS (Nationwide Multistate Licensing System) under each state's money transmission statute (31 states have adopted the Money Transmission Modernization Act, MTMA, in full or part as of Feb 2026); (b) Federal FinCEN Money Services Business (MSB) registration under the Bank Secrecy Act, via FinCEN Form 107, required for any business acting as a money transmitter/administrator/exchanger of convertible virtual currency. Some states have specific regimes (e.g., NY BitLicense from NYDFS, 23 NYCRR Part 200) as an alternative/superseding requirement.

Verified 2 days agoSource: FinCEN, Money Services Business (MSB) Registration: https://www.fincen.gov/resources/money-services-business-msb-registration

Regulator

No single federal crypto regulator. Federally, FinCEN (US Treasury) handles MSB registration and BSA/AML oversight. At the state level, each state's banking/financial-services department (e.g., NYDFS in New York, DFPI in California) issues and supervises money transmitter licences via NMLS. The SEC and CFTC separately assert jurisdiction over certain crypto activities (securities/commodities), the allocation of that jurisdiction is the subject of the pending CLARITY Act.

Verified 2 days agoSource: FinCEN, Money Services Business registration: https://www.fincen.gov/resources/money-services-business-msb-registration

Recent changes

The GENIUS Act's 18 July 2026 deadline for federal implementing rules passed with no agency having finalised a rule: the OCC, FDIC, NCUA and Treasury (with FinCEN and OFAC) have issued proposed rules since December 2025, the Federal Reserve joined a five-agency customer identification proposal on 18 June 2026, and on 27 July 2026 the OCC sought approval for stablecoin issuer application forms (comments due 25 September 2026). The Act sets no penalty for the missed deadline; it takes effect on the earlier of 18 January 2027 or 120 days after final rules. The CLARITY Act remains stalled in the Senate: reported by the Banking Committee on 1 June 2026 with a substitute amendment, no cloture motion filed and no floor vote expected before the August recess; Senate Republicans circulated revised negotiating text on 22 July 2026. The SEC's three planned crypto rulemakings (token issuance safe harbour, broker-dealer capital and custody amendments, market structure) remained unpublished as of late July 2026.

Verified 16 days agoSource: Federal Register, OCC notice on GENIUS stablecoin application forms (27 Jul 2026): https://www.federalregister.gov/documents/2026/07/27/2026-15088/agency-information-collection-activities-proposed-information-collection-comment-request ; Chapman GENIUS rulemaking tracker (16 Jul 2026): https://www.chapman.com/publication-genius-act-rulemaking-tracker ; Congress.gov, H.R.3633 actions: https://www.congress.gov/bill/119th-congress/house-bill/3633/all-actions

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