5 Del. C. § 3561: Legal classification of payment stablecoins [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 X. Treatment of Payment Stablecoins [For application of this subchapter, see 85 Del. Laws, c. 339, § 2]
(a) A payment stablecoin issued by a permitted payment stablecoin issuer is not a security under Chapter 73 of Title 6 solely by being a payment stablecoin. Nothing in this section limits the Investor Protection Director’s authority to determine that a specific digital asset qualifies as a security under applicable Delaware law based on other characteristics.
(b) A payment stablecoin issued by a permitted payment stablecoin issuer is not a deposit for purposes of § 761 of this title solely by being a payment stablecoin. Payment stablecoins issued by permitted payment stablecoin issuers are not deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and permitted payment stablecoin issuers shall prominently disclose this fact to holders.
(c) A permitted payment stablecoin issuer may not represent to any person that a payment stablecoin is insured by any federal or state government agency or instrumentality.
Collected 2026-09-05T23:02:05Z. Source file · JSON