DFAL creates a comprehensive regulatory program for many crypto companies, requires DFPI to license and supervise many crypto asset-related companies that serve California residents, and provides important consumer protections for users. Furthermore, DFAL requires additional obligations for crypto kiosks operating in California.
Background
- July 1, 2026: The DFAL provides the DFPI with rulemaking authority and an operative date of July 1, 2026 to ensure the regulatory framework is thoughtfully tailored to provide investor and consumer protections and address the crypto asset industry.
- September 29, 2024: Governor Newsom signed AB 1934 which extended the date of licensure under DFAL from July 1, 2025 to July 1, 2026.
- October 13, 2023: Governor Newsom signed into law Assembly Bill 39 and Senate Bill 401, together called the Digital Financial Assets Law (DFAL).
Licensing Requirements for Crypto Businesses
Beginning July 1, 2026, companies must be licensed by the DFPI or have applied for a license with the DFPI to operate in California. The DFAL prohibits an entity from engaging in digital financial asset business activity unless the entity holds a license from the DFPI. Digital financial business activity includes activities such as exchanging, storing, or transferring a digital financial asset, such as a crypto asset. The new law promotes consumer and investor protection by creating a robust regulatory framework, including supervision and enforcement authority, for certain crypto activities.
Prospective Licensees
If you are a prospective DFAL licensee, or have a question about how the law affects your business, join our email list to receive future updates or email [email protected].
For Crypto ATM/Kiosk Operators
The Digital Financial Assets Law requires a digital financial asset transaction kiosk operator (“kiosk operator”) to comply with certain requirements in California.
Beginning January 1, 2024, a kiosk operator must provide the Department a list of all kiosk locations that an operator owns, operates, or manages in the state. An operator is defined as a person who owns, operates, or manages a digital financial asset transaction kiosk located in this state. Additionally, by January 1, 2024, an operator (1) may not dispense or accept more than $1,000 in a day to or from a customer via kiosks and (2) must provide a customer with a receipt with specified information for any transaction made at the operator’s kiosk.
Beginning January 1, 2025, kiosk operators must provide pre-transaction disclosures to customers and are prohibited from collecting from customers in any single transaction the greater of $5 or 15% of the U.S. dollar equivalent of digital financial assets involved in the transaction. These dates remain operative for kiosk operators and were unchanged by AB 1934.
However, with the passage of AB 1934, operators must comply with the licensing requirements stated in the law by July 1, 2026. Learn more on the kiosk operators webpage.
Rulemaking Information
The DFAL provides the DFPI with rulemaking authority to ensure the adopted regulatory framework can be thoughtfully tailored to address industry trends and mitigate consumer harm.
Second Invitation for Comments – Respond by November 18, 2024
On October 2, 2024 the DFPI invited public comments related to the DFAL license application, application fees, and other topics. The Commissioner invited interested parties to submit comments by November 18, 2024. Read the comments from 11 interested organizations.
First Invitation for Comments
The DFPI issued its first invitation for public comment on the Digital Financial Assets Law (DFAL) in late 2023 and received comments in January 2024 related to the DFAL license application, licensure requirements, and stablecoin approval. Read the comments from 18 interested organizations.
For Consumers
Crypto, which is frequently referred to as “decentralized” as there is no one central authority controlling the blockchain to which assets are tied, can be an extremely risky investment. Crypto generally lacks consumer protections that other financial assets come with. Since the Governor’s Office signed an executive order in 2022 to create a framework for regulating this new technology, DFPI has taken a growing role in overseeing the crypto landscape. Consumers who are interested in investing in Crypto should learn more and be aware of the risks and potential for fraud.
Here are some resources to get you started:
How to reach us:
DFPI
Attn: Digital Financial Asset Law
One Sansome Street, Suite 600
San Francisco, CA 94104-4428
Phone: (866) 275-2677
Email: [email protected]
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