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South Dakota Proposes UCC Amendment to Redefine Money

South Dakota's proposed amendment to the UCC seeks to redefine money, excluding cryptocurrencies while still recognizing central bank digital currencies.
Published on 2023-03-02

Proposed UCC Amendment in South Dakota

South Dakota is considering a significant amendment to the Uniform Commercial Code (UCC) that would redefine the concept of money. The proposed legislation aims to exclude cryptocurrencies from the definition of money while maintaining the status of central bank digital currencies (CBDCs) as legitimate forms of currency.

Key Changes to the Definition of Money

The amendment, spanning 117 pages, clearly outlines the new definition of money. It describes money as a "medium of exchange that is currently authorized or adopted by a domestic or foreign government." This definition includes monetary units established by intergovernmental organizations or through agreements between multiple countries. By this definition, cryptocurrencies, which are not officially sanctioned by governments, would not be recognized as money.

Impact on Cryptocurrencies

This legislative move could have significant implications for the use and acceptance of cryptocurrencies in South Dakota. By excluding them from the definition of money, the state may limit their use in commerce and legal transactions. This could affect businesses and individuals who rely on cryptocurrencies for financial dealings within the state.

Role of Central Bank Digital Currencies

While cryptocurrencies are set to be excluded, CBDCs would continue to be recognized under the new definition. This suggests a preference for government-backed digital currencies, aligning with a broader trend of exploring CBDCs as secure and reliable digital currency options.

Legislative Process and Outlook

Introduced by Republican Mike Stevens in the state House of Representatives, the bill represents a step toward more regulated financial transactions in the digital age. As the proposal moves through the legislative process, it could set a precedent for how digital currencies are treated in other states, influencing future financial legislation across the United States.

The amendment reflects ongoing debates about the role of digital currencies in the financial system and highlights the need for clear legal frameworks to address emerging financial technologies.

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