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California Moves Toward Cryptocurrency Regulation

California's proposed cryptocurrency regulation bill could reshape the industry amid federal inaction.
Published on 2023-09-20

California's Regulatory Move

California is advancing toward establishing a regulatory framework for cryptocurrency firms, following the state legislature's approval of a bill requiring licenses and imposing regulations. The bill is pending approval from Governor Gavin Newsom, with a decision deadline of October 14, 2023. This development marks a significant step as states increasingly influence cryptocurrency regulation due to the lack of comprehensive federal guidelines.

Key Provisions and Concerns

The proposed bill mandates full reserves for stablecoins, especially those pegged to the dollar. This could potentially prohibit algorithmic stablecoins that use alternative methods to maintain their value. Additionally, cryptocurrency companies would be required to obtain licenses from California's consumer financial protection agency, aligning with existing New York regulations.

Industry Impact and Challenges

The introduction of a licensing system in California raises concerns among cryptocurrency firms about potential cost implications and restrictions. Similar to New York's regulations, which led some companies to halt operations in the state, California's significant market size may make non-compliance more challenging.

Federal Legislative Landscape

Despite progress by the House Financial Services Committee on crypto-related legislation, substantial federal laws appear unlikely soon. The lack of Democratic support hinders Senate progress, prompting Senate Banking Committee Chairman Sherrod Brown to encourage regulators to utilize existing tools against misconduct.

Industry Response

Consumer groups support the proposed regulations, but the Crypto Council for Innovation, representing major industry players, has expressed opposition without amendments. Their objections focus on stringent stablecoin requirements and the exclusion of licensing exemptions for small firms and those registered with the Commodity Futures Trading Commission.

Future Prospects

California's current efforts follow a previous veto of a similar bill by Governor Newsom, who cited premature federal efforts. However, experts like Matthew Wholey predict state-level regulation will advance as federal policies become clearer, suggesting Newsom may approve the bill this time.

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