5 Del. C. § 3507: Exemptions [For application of this section, see 85 Del. Laws, c. 339, § 2].

(a) The following persons are exempt from the licensing requirements of subchapter III of this chapter:

(1) The United States, any state, any political subdivision of a state, or any agency or instrumentality of the foregoing.

(2) A federal qualified payment stablecoin issuer regulated and supervised exclusively by the Office of the Comptroller of the Currency pursuant to 12 U.S.C. § 5903(b)(1), with respect to its payment stablecoin issuance activities.

(3) A subsidiary of an insured depository institution that has been approved by the appropriate federal banking agency to issue payment stablecoins pursuant to 12 U.S.C. § 5904.

(4) A person engaged in money transmission that holds a license under Chapter 23 of this title, provided that such person may elect to register as a digital asset service provider under § 3517 of this title.

(5) An attorney, to the extent of providing escrow services to a resident.

(6) A title insurance company, to the extent of providing escrow services.

(7) A person whose total value of payment stablecoin issuance activity with or on behalf of residents, measured in United States dollars, does not exceed $5,000 in the aggregate on an annual basis, provided that the Commissioner may adjust this threshold by regulation not less frequently than every 3 years to reflect changes in the dollar value of regulated digital assets or other relevant economic factors.

(8) A person that develops, publishes, distributes, or maintains software, including self-custodial wallet software, solely to enable users to interact with distributed ledger systems, provided the person has no unilateral control over any user’s digital assets.

(9) A person exempt from licensure under applicable federal law or by order of the Commissioner.

(b) The following transactions are exempt from the licensing requirements of subchapter II of this chapter:

(1) The direct transfer of digital assets between 2 individuals acting on their own behalf and for their own lawful purposes, without the involvement of an intermediary.

(2) To any transaction involving the receipt of digital assets by an individual between an account owned by the individual in the United States and an account owned by the individual abroad that are offered by the same parent company.

(3) To any transaction by means of a software or hardware wallet that facilitates an individual’s own custody of digital assets.