Operating in the US crypto market needs getting specific authorization. This is a must-have point that ensures the stability and transparency of the market according to the viewpoints of the local regulators. In the US, the regulation of cryptos is made at 2 levels: federal and the level of each state. So, operation in the territory of the USA and with local customers needs the coverage of many nuances at both levels.
The attorneys of a Prifinance company are already prepared to facilitate you with obtaining a cryptocurrency license in the USA by applying confirmed application strategies. At the initial consideration stage, any interested investor should keep in mind the next points about the crypto licensing regime in the USA.
Licensing Principles Applied in the USA
The application of the licensing regime in the USA depends on the nature of the digital assets involved. The federal legislation diversifies and categorizes crypto assets into 3 major groups: (1) payment instruments, (2) commodity instruments, and (3) security instruments. The concrete scope of licensing actions that have to be made also depends on the state where a platform operates and/or offers its services/products. For instance, California has established a framework for digital asset firms that doesn’t envisage any license – this was made to boost market growth. In New York, there is a separate license in place – Bitlicense. Texas demands an information security audit. Each state has to be considered on an individual basis if you wish to launch your trading project in the USA. Still, some general licensing demands are in place in all states:
- ensuring clean corporate compliance (it is necessary to buy or register a separate legal entity, lodge the details about its founders, beneficiaries, and corporate group (if any), and update these details regularly);
- implementing workable internal policies (AML/CTF, KYC, tracking, record-keeping, reporting, and training);
- hiring competent managerial and compliance staff;
- reserving and utilizing enough financial resources to ensure the stability of a future trading platform;
- applying credible IT and technical facilities to guarantee the ongoing monitoring and recording-keeping;
- carrying out KYC and steady monitoring of the deals closed through a trading platform;
- ensuring sufficient training of the staff involved in the operation of a crypto trading platform;
- informing all potential users about the nature and peculiarities of the services and/or products offered through a trading platform;
- reporting regularly in the cases envisaged by the law and when potentially illegal operations are detected.
The exact licensing process depends on the background of a case. Prifinance attorneys are ready to consult you to the point taking into account the exact US states that interest you or suggest you good options.
How Prifinance Attorneys Can Facilitate You
If you wish to obtain the necessary authorization for your crypto enterprise in the USA, Prifinance attorneys are prepared to guide and support you, including through these legal services:
- making comprehensive screening of your business case and suggesting TOP options that can work;
- registering and supporting the next operation of a company that will act as a trading platform;
- consulting on various taxation nuances that are in place in most states;
- helping with completing the negotiations with the local regulators and handling all other issues that may appear during the operation of your crypto trading platform.
Forward the background details – obtain explicit answers and workable solutions from the attorneys who have successfully realized 200+ projects in the crypto industry already.
