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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

5 Del. C. § 2337: Property interests and entitlements to virtual currency [For application of this section, see 85 Del. Laws, c. 338, § 3].

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Where this section sits in the code
  1. Title 5. Banking
  2. Other Businesses Under Jurisdiction of State Banking Department
  3. CHAPTER 23. Money Transmission and Virtual Currency [For application of this chapter, see 85 Del. Laws, c. 338, § 3]
  4. Subchapter VIII. Virtual Currency [For application of this subchapter, see 85 Del. Laws, c. 338, § 3]

(a) A licensee that has control of virtual currency for 1 or more persons shall maintain control of virtual currency in each type of virtual currency sufficient to satisfy the aggregate entitlements of the persons to the type of virtual currency.

(b) If a licensee violates subsection (a) of this section, the property interests of the persons in the virtual currency are pro rata property interests in the type of virtual currency to which the persons are entitled, without regard to the time the persons became entitled to the virtual currency or the licensee obtained control of the virtual currency.

(c) The virtual currency referred to in this section must be all of the following:

(1) Held for the persons entitled to the virtual currency.

(2) Not property of the licensee.

(3) Not subject to the claims of creditors of the licensee.

(4) Deemed a permissible investment by regulations set forth by the Commissioner through regulation.

Collected 2026-09-05T23:02:05Z. Source file · JSON

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