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This US State Is Mulling Over a Stringent Crypto Law

2 mins
Updated by Ciaran Lyons
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In Brief

  • New Jersey's crypto bill proposes classifying virtual currencies for institutional investors as securities, adding regulatory oversight to the digital asset landscape.
  • The proposed US crypto law outlines a framework, classifying virtual currencies for institutional investors as securities, subject to state regulations.
  • The bill defines digital assets and institutional investors, impacting the crypto market by subjecting certain virtual currencies to securities classification.
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In a move that could have far-reaching implications for the cryptocurrency market, New Jersey recently introduced a new bill to change how cryptocurrencies are treated in the state.

The bill seeks to classify all crypto issued and sold to institutional investors as securities.

Security Classification Under New US Crypto Law

The proposed legislation provides a comprehensive framework for the classification of crypto, introducing key definitions to guide its implementation.

Under the proposed legislation, virtual currencies issued and sold directly to institutional investors would be classified as securities.

Learn more: How Does Regulation Impact Crypto Marketing? A Complete Guide

This classification subjects them to the State’s “Uniform Securities Law (1967).” Furthermore, any regulations put into effect by the Bureau of Securities within the Division of Consumer Affairs.

The bill empowers the Bureau to adopt rules and regulations through the Administrative Procedure Act to effectively implement the provisions of this act.

However, the bill defines a “digital asset” as a representation of economic, proprietary, or access rights stored in a machine-readable format with a transaction history recorded in a distributed, digital ledger.

The Present State of US Crypto Law

The definition explicitly includes virtual currencies.

It introduces the term “institutional investor,” to include such entities as banks. Additionally, hedge funds, endowments, private equity firms, pension funds, and mutual funds.

Amid ongoing scrutiny of the US government’s handling of crypto regulations, Ethereum’s co-founder Joseph Lubin expressed optimism about the government’s capability to establish suitable crypto regulations.

“I anticipate that, with previous technologies like the internet, the web, and cryptography, clear heads will prevail. America will see that decentralized protocols, blockchain, cryptocurrency are aligned with the philosophies of the US.”

Meanwhile, Web3 legal strategist Jose Bencomo likened the current regulatory climate in the US to “traversing a field of landmines.”

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Ciaran Lyons
Ciaran is a cryptocurrency journalist based in Sydney, Australia. He particularly enjoys writing about CBDC developments and the practical implementations of cryptocurrency in real-world scenarios. He has also appeared across major television networks in Australia including Channel Ten, Channel Nine and SBS TV. Prior to his foray into cryptocurrency, Ciaran worked as a presenter on national radio station Triple J.