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The Upcoming Law in California: Its Potential Impact on the Cryptocurrency Sector

Cryptocurrency businesses in California now face a transformed regulatory environment, following the passing of a new state law last year. Governor Gavin Newsom signed the law on October 13, marking the first comprehensive regulatory framework for crypto companies, which previously operated...

Impact of New Cryptocurrency Regulation on California's Financial Sector
Impact of New Cryptocurrency Regulation on California's Financial Sector

The Upcoming Law in California: Its Potential Impact on the Cryptocurrency Sector

California is set to take a significant step in regulating the cryptocurrency industry with the implementation of the Digital Financial Assets Law, effective from July 2025. This new law will govern the operations of crypto businesses within the state, with the Department of Financial Protection and Innovation (DFPI) taking on the role of the regulatory authority.

Under the new law, all crypto businesses operating in California must obtain a license from the state. The DFPI will have the authority to investigate or indict entities that have, are, or are about to engage in crypto business dealings. The broad authority of the DFPI, however, has raised concerns due to its potential to regulate entities in preliminary business or product development stages without a working prototype or viable product.

Crypto exchanges operating in California will be expected to assess each listed token for potential risks. They will also need to maintain asset exchange rates that are favourable to consumers and meet certain disclosure expectations. The law provides extensive definitions for concepts such as "digital financial asset" and activities covered by the law, which include the transfer, storage, or exchange of digital financial assets, issuing and transferring electronic representations of precious metals, and the exchange or transfer of in-game assets.

On a federal level, regulatory clarity for cryptocurrency operations in the U.S. is sought through laws that clarify the roles of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) for digital assets. However, the future authority responsible for the supervision and regulation of cryptocurrency operations in California is not explicitly stated in the search results.

The SEC has received criticism for its approach to the cryptocurrency industry. Instead of promoting clarity, the commission has been criticised for using enforcement action against the industry. California state-level specifics were not detailed in the provided information.

As California prepares to regulate its crypto industry, it joins other states in the U.S. and worldwide in navigating the complexities of this rapidly evolving sector. The new law aims to provide a framework for the safe and secure operation of crypto businesses within the state, while also promoting innovation and investment in the digital asset space.

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