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

5 Del. C. § 3502: Legislative findings and purpose [For application of this section, see 85 Del. Laws, c. 339, § 2].

Read at publisher ↗
Where this section sits in the code
  1. Title 5. Banking
  2. Other Businesses Under Jurisdiction of State Banking Department
  3. CHAPTER 35. Delaware Payment Stablecoins Act [For application of this chapter, see 85 Del. Laws, c. 339, § 2]
  4. Subchapter I. General Provisions [For application of this subchapter, see 85 Del. Laws, c. 339, § 2]

(a) The General Assembly finds all of the following:

(1) Payment stablecoins are digital assets designed to maintain a stable value relative to a fixed monetary amount and are increasingly used for payment and settlement purposes in domestic and international commerce.

(2) The federal Guiding and Establishing National Innovation for U.S. Stablecoins Act, Pub. L. 119-27, 12 U.S.C. § 5901 et seq. (the “GENIUS Act” ), enacted July 18, 2025, establishes a national framework permitting state-qualified payment stablecoin issuers to operate under state regulatory regimes that are substantially similar to the federal framework, subject to certification by the Stablecoin Certification Review Committee.

(3) Delaware, as a leader in financial regulation and corporate law, has a compelling interest in establishing a payment stablecoin regulatory framework that is competitive, protective of consumers, and consistent with the federal framework so that Delaware-chartered entities may qualify as state-qualified payment stablecoin issuers under the GENIUS Act.

(4) A unified, clear state licensing regime prevents regulatory arbitrage, protects Delaware residents from fraud and insolvency, and ensures that payment stablecoin issuers operating in this State maintain adequate reserves and sound risk management practices.

(b) The purpose of this chapter is to achieve all of the following:

(1) Establish a licensing and regulatory framework for payment stablecoin issuers and establish a voluntary registration safe harbor for digital asset service providers that elect to obtain a Delaware regulatory relationship.

(2) Adopt definitions and standards substantially similar to those in the GENIUS Act and the Office of the Comptroller of the Currency’s implementing regulations, as amended from time to time.

(3) Provide for strong preemption of inconsistent local laws and ordinances.

(4) Protect Delaware residents through robust reserve, capital, anti-money laundering, data privacy, and consumer disclosure requirements.

(5) Authorize and direct the State Bank Commissioner to promulgate regulations implementing this chapter with maximum flexibility to align with evolving federal standards.

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

Browse this collection