Conn. Gen. Stat. § 36a-613: Licensees that engage in money transmission by receiving, transmitting, storing or maintaining virtual currency. Virtual currency kiosks. Disclosures. Receipts. Prohibitions. Fee and commission. Maximum daily transaction limits. Cancellation and refund. Requirements.
Where this section sits in the code
- TITLE 36a. THE BANKING LAW OF CONNECTICUT
- CHAPTER 668. NONDEPOSITORY FINANCIAL INSTITUTIONS
- PART V. PAYMENT INSTRUMENTS. MONEY TRANSMISSION
(a) Each licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall, in establishing a relationship with a customer and prior to entering into an initial virtual currency transaction for, on behalf of or with the customer, disclose in clear, conspicuous and legible writing in the English language all material risks associated with virtual currency generally, including, but not limited to, the following:
(1) A disclosure, which shall be acknowledged by the customer, provided separately from the disclosures provided pursuant to subdivisions (2) to (9), inclusive, of this subsection and written prominently and in bold type, stating the following: “WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE AND TRANSACTIONS IN VIRTUAL CURRENCY ARE IRREVERSIBLE.”;
(2) Virtual currency is not backed or insured by the government and accounts and value balances are not subject to Federal Deposit Insurance Corporation, National Credit Union Administration or Securities Investor Protection Corporation protections;
(3) Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which may not be the date or time when the customer initiates the virtual currency transaction;
(4) The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the permanent and total loss of the value of a particular virtual currency, if the market for that virtual currency disappears;
(5) The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in a significant loss over a short period of time;
(6) Any bond maintained by the licensee for the benefit of the customers of such licensee may not be sufficient to cover all losses incurred by such customers; and
(7) Virtual currency transactions are irreversible and are used by persons seeking to defraud customers, including, but not limited to, a person impersonating a customer's loved one, threatening jail time, stating that a customer's identity has been stolen, insisting that a customer withdraw money from the customer's bank account and purchase cryptocurrency or alleging a customer's personal computer has been hacked.
(b) Each licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall, when opening an account for a new customer and prior to entering into an initial virtual currency transaction for, on behalf of or with such customer, disclose in clear, conspicuous and legible writing in the English language, using not less than twenty-four point sans-serif-type font, all relevant terms and conditions associated with the products, services and activities of the licensee and virtual currency generally, including, but not limited to, the following:
(1) The customer's liability for unauthorized virtual currency transactions;
(2) The customer's right to stop payment of a preauthorized virtual currency transfer and the procedure used to initiate a stop-payment order;
(3) Under what circumstances the licensee will, absent a court or government order, disclose information concerning the customer's account to third parties;
(4) The requirement that the licensee communicate to the customer what customer information may be disclosed to third parties;
(5) For any transaction that utilizes a virtual currency kiosk, the customer's right to receive a physical, printed receipt for a virtual currency transaction at the time of the transaction; and
(6) Upon any change in the rules or policies of the licensee, the customer's right to consent to such changed rules or policies prior to performing any transaction after such change.
(c) Each licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall, prior to each virtual currency transaction for, on behalf of or with a customer, disclose to such customer in clear, conspicuous and legible writing in the English language, using not less than twenty-four point sans-serif-type font, the terms and conditions of the virtual currency transaction, including, but not limited to, the following:
(1) The amount of the transaction;
(2) Any fees, expenses and charges borne by the customer, including, but not limited to, applicable exchange rates;
(3) The type and nature of the virtual currency transaction;
(4) A warning that, once executed, the virtual currency transaction may not be undone, if applicable;
(5) For any transaction that utilizes a virtual currency kiosk, the applicable daily virtual currency transaction limit established pursuant to subsection (h) of this section; and
(6) The difference in the sale price of the virtual currency versus the current market price.
(d) Each licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall ensure that each customer acknowledges receipt of all disclosures required under this section.
(e) (1) Each licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall, upon the completion of any virtual currency transaction, provide to the customer a receipt containing the following information:
(A) The name of, and contact information for, the licensee, including, but not limited to, the licensee's business address and a customer service telephone number established by the licensee to answer questions and register complaints;
(B) The name of the customer;
(C) The type, value, date and precise time of such virtual currency transaction, and each virtual currency address;
(D) The amount of such virtual currency transaction expressed in United States currency;
(E) The full unique transaction hash or identification number;
(F) The public virtual currency address of the customer;
(G) The unique identifier;
(H) Any fee charged, including, but not limited to, any fee charged directly or indirectly by the licensee or a third party involved in such virtual currency transaction;
(I) The exchange rate, if applicable;
(J) Any tax collected by the licensee for such virtual currency transaction;
(K) A statement of the liability of the licensee for nondelivery or delayed delivery;
(L) A statement of the refund policy of the licensee;
(M) The name and telephone number of the Department of Banking and a statement disclosing that the licensee's customers may contact the department with questions or complaints about the licensee's virtual currency services; and
(N) Any additional information the Banking Commissioner may require.
(2) The receipt required under subdivision (1) of this subsection:
(A) Shall be provided in (i) a retainable form, (ii) the English language, and (iii) the language principally used by the licensee to advertise, solicit or negotiate, either orally or in writing; and
(B) May be provided electronically, provided, if the transaction utilizes a virtual currency kiosk, the customer requests or agrees to receive an electronic receipt.
(f) A licensee that engages in the business of money transmission in this state by receiving, transmitting, storing or maintaining custody or control of virtual currency shall not:
(1) Sell, transfer, assign, lend, hypothecate, pledge or otherwise use or encumber virtual currency stored, held, controlled, maintained by, or under the custody or control of, such licensee on behalf of a person, except for the sale, transfer of ownership or assignment of such virtual currency at the direction of such person; or
(2) Directly or indirectly use or engage any other person, including, but not limited to, a virtual currency control services vendor, to store or hold custody or control of virtual currency for or on behalf of a customer, unless such other person is (A) licensed pursuant to sections 36a-595 to 36a-612, inclusive, (B) a federally insured federal bank, out-of-state bank, Connecticut bank, Connecticut credit union, federal credit union or out-of-state credit union that is exempt from licensure under section 36a-609, or (C) approved by the Banking Commissioner to store or hold custody or control of virtual currency for or on behalf of a customer.
(g) The total amount of any fee and commission charged by an owner or operator of a virtual currency kiosk for a virtual currency transaction shall not exceed fifteen per cent of the amount of the virtual currency transaction.
(h) There are established the following maximum daily virtual currency kiosk transaction limits:
(1) Two thousand dollars for each new customer of a virtual currency kiosk; and
(2) Five thousand dollars for each existing customer of a virtual currency kiosk.
(i) The owner or operator of a virtual currency kiosk shall allow a new customer, upon the request of the new customer, to cancel and receive a full refund for any fraudulent virtual currency transactions that occurred not later than seventy-two hours after the new customer registered as a customer of such owner or operator if, not later than thirty days after the last virtual currency transaction that occurred during such seventy-two hour period, the new customer:
(1) Contacts such owner or operator and a government or law enforcement agency to inform such owner or operator and government or law enforcement agency of the fraudulent nature of such virtual currency transaction; and
(2) Files a report with a government or law enforcement agency memorializing the fraudulent nature of such virtual currency transaction.
(j) Each owner or operator of a virtual currency kiosk shall:
(1) Obtain a copy of a government-issued identification card that identifies each customer of such owner or operator;
(2) Maintain restrictions that prevent more than one customer of such owner or operator from using the same virtual currency wallet;
(3) Be able to prevent designated virtual currency wallets from being used at any virtual currency kiosk owned or operated by such owner or operator;
(4) Use an established third party that specializes in performing blockchain analyses to preemptively perform such analyses to identify and prevent high risk or sanctioned virtual currency wallets from being used by customers at virtual currency kiosks owned or operated by such owner or operator;
(5) Define, in such owner or operator's policies and procedures, a risk-based method of monitoring customers of such owner or operator on a post-transaction basis;
(6) Offer, during the hours of operation of the virtual currency kiosks owned or operated by such owner or operator, live customer support by telephone from a telephone number prominently displayed at or on such virtual currency kiosks;
(7) Identify and speak by telephone with any new customer over sixty years of age prior to such new customer completing such new customer's first virtual currency transaction with such owner or operator. During such communication, which shall be recorded and retained by such owner or operator, the owner or operator shall (A) reconfirm any attestations made by such new customer at a virtual currency kiosk owned or operated by such owner or operator, (B) discuss the transaction, and (C) discuss types of fraudulent schemes relating to virtual currency. Such owner or operator's approval of the transaction shall be dependent upon such owner or operator's assessment of such communication;
(8) Identify and speak by telephone with any new customer attempting to perform a virtual currency transaction that exceeds an amount that has been predesignated by such owner or operator as a large transaction amount before such transaction may be completed. During such communication, which shall be recorded and retained by such owner or operator, the owner or operator shall (A) positively identify such new customer, (B) review such new customer's stated purpose of the transaction, and (C) discuss types of fraudulent schemes relating to virtual currency. Such owner or operator's approval of the transaction shall be dependent upon such owner or operator's assessment of such communication;
(9) Designate and employ a chief compliance officer who shall:
(A) Be qualified to coordinate and monitor a compliance program to ensure compliance with this section and all other applicable federal and state laws, rules and regulations;
(B) Be employed on a full-time basis by such owner or operator; and
(C) Not own more than twenty per cent of the virtual currency kiosk owner or operator that employs such officer; and
(10) Use full-time employees to fulfill such owner or operator's compliance responsibilities under federal and state laws, rules and regulations.
Collected 2026-09-06T19:07:26Z. Source file · JSON