5 Del. C. § 3517: Voluntary digital asset service provider registration [For application of this section, see 85 Del. Laws, c. 339, § 2].
Where this section sits in the code
- Title 5. Banking
- Other Businesses Under Jurisdiction of State Banking Department
- CHAPTER 35. Delaware Payment Stablecoins Act [For application of this chapter, see 85 Del. Laws, c. 339, § 2]
- Subchapter III. Licensing; Digital Asset Service Provider Registration [For application of this subchapter, see 85 Del. Laws, c. 339, § 2]
(a) A person that engages in the business of acting as a digital asset service provider in this State, or on behalf of customers or users in this State, may register with the Commissioner under this section. Registration under this section is voluntary and no person is required to register as a condition of conducting digital asset service provider activity in this State.
(b) A person registered under this section:
(1) Is recognized as a Delaware-registered digital asset service provider for purposes of any interstate reciprocity program or multistate compact established by the Commissioner pursuant to § 3513 of this title.
(2) May represent to customers and counterparties that it is registered with the Delaware State Bank Commissioner as a digital asset service provider.
(3) Is eligible for the safe harbor against local licensing requirements established by § 3541(b) of this title.
(4) Is eligible for expedited review of any subsequent application for a payment stablecoin issuer license under § 3511 of this title, reflecting the Commissioner’s familiarity with the registrant’s operations and compliance program.
(c) An application for registration under this section must include all of the following:
(1) The registrant’s legal name, principal place of business, and any fictitious or trade name used in this State.
(2) A description of the digital asset service provider activities conducted in this State.
(3) A description of the registrant’s anti-money laundering and sanctions compliance program, to the extent required by the Bank Secrecy Act and applicable Financial Crimes Enforcement Network regulations.
(4) A list of each money-services or money-transmitter license the registrant holds in another state.
(5) Any other information as the Commissioner requires by regulation.
(d) A registrant under this section shall do all of the following:
(1) Notify the Commissioner within 30 days of any material change in the information provided under subsection (c) of this section.
(2) Renew its registration annually, accompanied by a registration fee established by the Commissioner by regulation.
(3) Cooperate with any inquiry by the Commissioner relating to consumer complaints filed by Delaware residents against the registrant.
(e) Registration under this section does not subject a registrant to examination, enforcement action, or substantive regulation by the Commissioner with respect to digital asset service provider activities, except as follows:
(1) The Commissioner may receive and investigate consumer complaints from Delaware residents relating to registered digital asset service providers.
(2) The Commissioner may share registration information and complaint records with the financial regulatory authorities of other states and with federal financial regulators.
(3) The Commissioner may by regulation establish minimum disclosure standards applicable to registered digital asset service providers with respect to fees, terms of service, and consumer rights, provided that such standards do not constitute a comprehensive examination or supervision regime.
(f) The Commissioner may revoke a registration under this section upon a finding, following notice and opportunity to be heard, that the registrant has knowingly made a material misrepresentation in its registration filing or renewal, or has been subject to a final enforcement action by a federal financial regulatory authority.
(g) The Commissioner shall promulgate regulations implementing this section, establishing at a minimum the form and content of registration filings, renewal procedures, consumer disclosure standards under paragraph (e)(3) of this section, and registration fee schedules.
Collected 2026-09-05T23:02:05Z. Source file · JSON