Who needs a BitLicense?

Any company engaged in virtual currency business activity with New York residents, unless exempt (e.g., merchants using crypto solely for payments).

Does BitLicense apply to out-of-state or foreign companies?

Yes, if they serve New York customers.

What industries are impacted?

Crypto exchanges, wallet providers, custodians, payment firms, and fintechs expanding into digital assets.

What happens if firms operate without a BitLicense?

They face enforcement actions, penalties, and potential criminal liability under New York law.

NYDFS BitLicense Virtual Currency Rule

United States

2015

AML/CFT

Payments

Overview

The NYDFS BitLicense Rule, adopted in 2015, was the first comprehensive U.S. state-level regulatory framework governing virtual currency business activities. Issued by the New York Department of Financial Services (NYDFS), it requires companies engaged in virtual currency services to obtain a license, maintain strong compliance controls, and meet capital, cybersecurity, and consumer protection standards. The rule was designed to bring transparency and stability to the emerging digital asset sector while mitigating risks of money laundering, terrorist financing, fraud, and market abuse.

The rule applies to entities involved in virtual currency exchanges, wallet providers, custodians, payment processors, and digital asset trading platforms operating in New York or serving New York residents. It is especially relevant to crypto firms, fintech companies, payment providers, and financial institutions entering the digital asset market, as BitLicense has become a reference point for other jurisdictions considering crypto regulations.

Key Obligations

Obtain and maintain a BitLicense from NYDFS before conducting virtual currency business activity
Implement a robust AML program aligned with the BSA and NYDFS Part 504
Maintain cybersecurity programs and conduct penetration testing/audits
Meet capital requirements proportional to business operations

Provide consumer disclosures on risks, fees, and transaction terms
File suspicious activity reports (SARs) and maintain records for at least 7 years
Obtain prior NYDFS approval for material business changes or new products

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