Crypto License in the USA

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There is no single federal crypto license in the United States. A business that exchanges, holds or transfers customers’ crypto usually needs two layers: registration with FinCEN as a money services business (MSB), and a money transmitter license in each state that licenses its activity. New York’s BitLicense and California’s Digital Financial Assets Law (DFAL) license add a third layer in those two states.

Securities and derivatives activity sits with the SEC and the CFTC, and payment stablecoin issuers now fall under the GENIUS Act. This guide explains who needs a US crypto license, what it costs, how long it takes, which documents you need and how the US route compares with Canada, the UK and the EU.

What Is a Crypto License in the USA?

A crypto license in the USA is a set of federal and state permissions, not one document. Its core is FinCEN registration as a money services business (MSB) plus state money transmission licenses.

FinCEN treats administrators and exchangers of convertible virtual currency as money transmitters under its 2013 guidance (FIN-2013-G001). Registration under 31 CFR 1022.380 brings the business under the Bank Secrecy Act. It is a registration, not an approval of the business model.

States regulate money transmission on their own. Regulators in 49 states, the District of Columbia and Puerto Rico manage these licenses through NMLS, while Montana does not regulate money transmitters.

New York and California add dedicated crypto regimes: the BitLicense under 23 NYCRR Part 200 and the Digital Financial Assets Law. Federal agencies add product rules for securities, derivatives and payment stablecoins.

LayerRegulatorLegal basisWhat it covers
Federal AML registrationFinCEN (US Treasury)Bank Secrecy Act; 31 CFR 1022.380Every MSB, including crypto exchangers and administrators
State money transmissionState regulators, mostly through NMLSState money transmission acts; the MTMA in 31 statesHolding and transmitting money or crypto for customers in that state
State crypto regimesNYDFS; California DFPI23 NYCRR Part 200; DFALCrypto business with New York or California residents
SecuritiesSECSecurities Act of 1933; Securities Exchange Act of 1934Crypto assets that are securities, and the platforms trading them
DerivativesCFTCCommodity Exchange ActCrypto futures, swaps and leveraged retail trades
Payment stablecoinsOCC, Federal Reserve, FDIC, NCUA and statesGENIUS Act (Pub. L. 119-27)Issuing payment stablecoins in the US

US Crypto License Requirements: Key Facts

The core requirements are FinCEN registration, state licenses where your activity is licensed, a written AML program, and state net worth and bond minimums.

RequirementKey factOfficial source
Federal registrationFinCEN Form 107, filed through BSA E-Filing within 180 days of establishing the business31 CFR 1022.380
Renewal and changesRenew every two calendar years; re-register within 180 days after a transfer of more than 10% of voting power or equity31 CFR 1022.380(b)
Foreign companiesA foreign-located MSB must name a US-resident agent for service of legal process31 CFR 1022.380(a)(2)
FinCEN feeNo government fee in the rule or on FinCEN's registration pageFinCEN
State licensing49 states, DC and Puerto Rico license MSBs through NMLS; Montana does not regulate money transmittersNMLS; Montana Division of Banking
Model law31 states have enacted the Money Transmission Modernization Act (MTMA) in full or in partCSBS
New YorkBitLicense or limited-purpose trust charter; $5,000 non-refundable BitLicense application feeNYDFS; 23 NYCRR §200.5
CaliforniaDFAL license required from 1 July 2026DFPI
Net worthAt least $100,000 in MTMA states and for DFAL applicants, rising with assetsMass. Gen. Laws c. 169B §9; DFPI
Surety bond$100,000 to $500,000 in MTMA states; $50,000 to $2 million in Floridac. 169B §9; Fla. Stat. §560.209
AML programWritten program, compliance officer, training and independent review31 CFR 1022.210
Federal reportsSARs from $2,000; CTRs above $10,000 in cash; Travel Rule records from $3,00031 CFR 1022.320; 1010.311; 1010.410
StablecoinsThe GENIUS Act applies from 18 January 2027 at the latestPub. L. 119-27
Tax reportingBrokers file Form 1099-DA: gross proceeds from 2025, cost basis from 2026IRS

Who Needs a Crypto License in the United States?

Any business that exchanges crypto for customers, or accepts crypto or money to send on to others, usually needs FinCEN registration and state licenses.

FinCEN’s 2013 guidance treats administrators and exchangers of convertible virtual currency as money transmitters. Users who acquire crypto for their own purposes are not MSBs. The 2019 guidance (FIN-2019-G001) applies this test to wallets, kiosks, payment processors and decentralized applications.

Businesses that usually need registration and licenses:

  • Centralized exchanges and brokers that hold customer funds or crypto.
  • Hosted (custodial) wallet providers.
  • Crypto ATM and kiosk operators.
  • OTC desks and peer-to-peer exchangers acting as a business.
  • Crypto payment processors that receive and pass on customer funds, unless an exemption applies.
  • Payment stablecoin issuers, which fall under the GENIUS Act.

There is no separate US crypto exchange license. For an exchange, a crypto exchange license in the USA means FinCEN registration plus state licenses, and SEC registration if it trades securities.

Providers of unhosted, non-custodial wallet software are generally not money transmitters under the 2019 guidance, because they never control customer value. People trading crypto for their own account are not MSBs either.

State definitions can be wider than FinCEN’s. Pennsylvania brought virtual currency transmission under its Money Transmitter Act in 2025, and Wyoming now requires crypto kiosk operators to hold a license or charter.

Foreign companies are covered too. A foreign-located MSB doing business in the US must register with FinCEN and name a US agent for service of process (31 CFR 1022.380(a)(2)).

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When a US Crypto License Is Not the Right Choice

A US crypto license is the wrong tool if you have no US customers or a non-custodial product. It also gives you nothing in Europe or the UK.

  • Your customers are outside the US. US registration gives no access to the EU or UK. There you need MiCA authorization or FCA registration.
  • Your product is non-custodial software. If you never control customer value, you may fall outside money transmission under FIN-2019-G001. A legal analysis may be all you need.
  • Your token is a security or your product is a derivative. A money transmission license does not cover these. You need the SEC or CFTC route.
  • You issue a payment stablecoin. From 18 January 2027 at the latest, issuers need a GENIUS Act route, not money transmitter licenses.
  • You need to launch in weeks. Multi-state licensing takes months. A licensed partner can carry the regulated part while your applications are pending.
  • Your budget cannot carry capital and bonds. MTMA states require tangible net worth of at least $100,000, and each state you add needs its own surety bond.

In these cases, compare the US route with Canada’s FINTRAC MSB registration, the UK FCA regime and a MiCA CASP license. The comparison table below sets them side by side.

FinCEN MSB Registration vs State Money Transmitter License

FinCEN registration is a federal AML filing, while a state money transmitter license is a permission to operate granted after review. Most crypto businesses need both.

FinCEN MSB registrationState money transmitter license
Granted byFinCEN, a bureau of the US TreasuryEach state's financial regulator, e.g. NYDFS, California DFPI or the Texas DOB
Legal basisBank Secrecy Act; 31 CFR 1022.380State law, often based on the MTMA
NatureRegistration; FinCEN does not approve the businessLicense issued after review of owners, finances and compliance
How to applyForm 107 through BSA E-FilingNMLS in most states
Government feeNone set by FinCENSet by each state, e.g. $375 in Florida, $10,000 in Texas
Capital and bondNoneNet worth and a surety bond, e.g. a $100,000–$500,000 bond in MTMA states
TimingListed in the MSB Registrant Search about two weeks after e-filingMonths per state
RenewalEvery two calendar yearsSet by each state
SupervisionBSA compliance; MSB examinations are delegated to the IRSState examinations, reports and change-of-control approvals
TerritoryRequired for MSBs anywhere in the USCovers that state only

FinCEN requires registration whether or not a business holds state licenses, and no state license replaces it. FinCEN sends no acknowledgment letter: the business confirms its listing in the MSB Registrant Search (FinCEN FAQ).

A FinCEN registration alone does not let you transmit money in a state that requires a license. Operating there without one breaches state law and can be a federal crime under 18 U.S.C. §1960.

Do Crypto Businesses Need a Money Transmitter License in Every State?

Not always: you need a license in each state where you serve customers and whose law covers your activity. The answer differs from state to state.

Most states license money transmission through NMLS, and 31 states have enacted the Money Transmission Modernization Act in full or in part. The MTMA aligns definitions, net worth and bonds, but each state still issues its own license.

StateRegime for cryptoKey requirement
New YorkBitLicense under 23 NYCRR Part 200, or a limited-purpose trust charter$5,000 non-refundable application fee (23 NYCRR §200.5)
CaliforniaDigital Financial Assets LawLicense needed from 1 July 2026; $100,000 initial net worth expected
TexasMoney transmission license (Texas DOB)$10,000 filing fee; security of $100,000 to $500,000
FloridaMoney services business license (Fla. Stat. §560.143)$375 fee plus $38 per location; bond of $50,000 to $2 million
PennsylvaniaMoney Transmitter Act, covering virtual currency since 2025License for virtual currency transmission (Act 7 of 2025)
MassachusettsMTMA (c. 169B)Net worth from $100,000; bond up to $500,000
WyomingMoney Transmitters Act (HB0075, 2026)License or Title 13 charter for crypto kiosk operators
MontanaNo money transmitter regulationNo state license; FinCEN registration still applies

Federal registration is national, but state licensing follows your customers. A Montana company serving New York residents still needs a BitLicense or a trust charter.

FinCEN’s MSB state selector links to each state regulator. Many states exempt banks, agents of payees and some payment processors, but exemptions are narrow and must be checked state by state.

SEC, CFTC and GENIUS Act Rules for US Crypto Businesses

Money transmission licenses do not cover securities, derivatives or stablecoin issuance. These fall under the SEC, the CFTC and the GENIUS Act regulators.

SEC: crypto assets that are securities

The SEC’s interpretation of 17 March 2026, joined by the CFTC, sorts crypto assets into digital commodities, collectibles, tools, stablecoins and digital securities. Chairman Atkins said most crypto assets are not themselves securities.

Platforms trading crypto asset securities must register as an exchange, run an ATS through a registered broker-dealer, or register as a broker-dealer (SEC staff FAQs). Staff statements on meme coins, stablecoins and staking are collected by the Crypto Task Force.

On 18 August 2026 the SEC proposed Regulation Crypto Assets. It would add offering exemptions capped at $5 million over four years and $75 million over 12 months, plus an investment-contract safe harbor.

CFTC: crypto derivatives

The CFTC oversees futures and swaps markets and their intermediaries, including DCMs, SEFs, DCOs and FCMs (CFTC). Leveraged, margined or financed retail crypto trades must take place on a registered DCM (CFTC).

The CFTC announced the first listed spot crypto trading on registered DCMs on 4 December 2025 (CFTC). In August 2026 Chairman Selig asked staff to explore a crypto asset market type of DCM (speech).

GENIUS Act: payment stablecoins

The GENIUS Act (Pub. L. 119-27) became law on 18 July 2025. It takes effect on 18 January 2027, or 120 days after final regulations if that is earlier.

Only permitted issuers may then issue payment stablecoins in the US: subsidiaries of insured banks, OCC-approved federal qualified issuers and state qualified issuers. The state route is limited to issuers with up to $10 billion outstanding (Treasury).

Most implementing rules were still proposals in October 2026, including the OCC’s. Treasury’s interim final rule of 30 September 2026 sets the state certification procedure, with first certifications due by 18 January 2028.

CLARITY Act: not yet law

The CLARITY Act (H.R. 3633) would split crypto market oversight between the SEC and the CFTC. It passed the House 294–134 on 17 July 2025 (Congressional Record). In the Senate, cloture on the motion to proceed failed 49–50 on 15 September 2026 (Senate).

How Much Does a Crypto License in the USA Cost?

There is no single price: the cost is the sum of state fees, net worth and bonds, and a working compliance program. The US crypto license cost depends mainly on how many states you need.

FinCEN registration carries no government fee in the rule or on FinCEN’s registration page. The main costs arise at state level.

ItemOfficial figureSource
FinCEN MSB registrationNo government feeFinCEN
Texas money transmission license$10,000 filing fee; security of $100,000 to $500,000; net worth from $100,000Texas DOB
Florida money services license$375 plus $38 per branch or vendor location; bond of $50,000 to $2 millionFla. Stat. §560.143; Fla. Stat. §560.209
MTMA states, e.g. Massachusetts and WisconsinNet worth of at least $100,000 or an asset-based formula; bond of $100,000 to $500,000Mass. Gen. Laws c. 169B §9; Wisconsin DFI
New York BitLicense$5,000 non-refundable application feeNYDFS; 23 NYCRR §200.5
California DFAL$100,000 initial net worth expected, plus a bond or trust accountDFPI

Other costs to budget for:

  • Surety bond premiums, which insurers price on your financial strength.
  • NMLS processing fees, fingerprints and background checks for control persons.
  • Audited financial statements.
  • The AML program: compliance officer, training, independent review, and KYC and blockchain analytics tools.
  • Legal work: regulatory analysis, applications, policies and answers to regulator questions.
  • Renewals, reports and examinations after licensing.

No official source publishes the total cost of a 50-state program. Build the budget state by state from official figures, and treat net worth and bonds as capital you must keep, not one-off fees.

How Long Does It Take to Get a Crypto License in the USA?

FinCEN registration takes weeks, state licenses take months, and New York usually takes longest.

RouteOfficial timingIn practice
FinCEN MSB registrationFile within 180 days of establishing the business (31 CFR 1022.380)E-filed registrations appear in the MSB Registrant Search in about two weeks (FinCEN)
State money transmission licensesSet by each stateMonths per state; complete applications move fastest
New York BitLicenseDFS decides within 90 days of a complete application, but may extend (23 NYCRR §200.6)A 2024 NY Comptroller audit found one approval nearly four years after the AML assessment
New York, for Wyoming licenseesDFS will endeavor to decide within six months for firms licensed in Wyoming for at least three years (MOU, October 2026)Applies only to qualifying firms
California DFALLicense required from 1 July 2026 (DFPI)Firms that applied by 1 July 2026 may operate while their application is pending (SB 97, 2026)

Clocks start only once an application is complete. Missing documents, unclear ownership and weak AML policies are the usual causes of delay.

How to Get a Crypto License in the USA: Step-by-Step Process

To get a cryptocurrency license in the USA, map your activity, register the company with FinCEN, then apply state by state.

  1. Map the business model. Check whether you exchange, hold or transfer crypto for customers under FIN-2019-G001. Check whether any token is a security or any product a derivative.
  2. Choose your states. List where your customers are and check each state’s rules through FinCEN’s MSB state selector. Plan New York and California separately.
  3. Form the US company. Set up the entity with a clear ownership chart. A foreign-located MSB must also name a US agent for service of process.
  4. Build the AML program. Adopt a written program, appoint a compliance officer, train staff and arrange an independent review (31 CFR 1022.210). Add OFAC sanctions screening.
  5. Register with FinCEN. File Form 107 through BSA E-Filing within 180 days of establishing the business. Then confirm your listing in the MSB Registrant Search.
  6. Apply for state licenses. File through NMLS with each state’s checklist, surety bond and proof of net worth. Answer regulator questions quickly.
  7. Set up banking and custody. Arrange bank accounts, custody and blockchain analytics before launch, because regulators ask about them.
  8. Launch and stay compliant. File reports, renew with FinCEN every two years and get approval before any change of control.
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Documents Required for a US Crypto License Application

Regulators expect corporate, ownership, financial and compliance documents. Each state lists its exact requirements in an NMLS checklist.

DocumentWhy regulators ask for it
Certificate of formation, operating agreement or bylaws, and an ownership chartShows the legal entity and who controls it
Details of owners, directors and officers, with fingerprints and background checksLets the regulator vet control persons
Business plan with products, flow of funds and target statesShows what needs licensing and how money moves
Audited financial statements and proof of net worthShows the business meets capital minimums
Surety bond, or in California a bond or trust accountProtects customers if the business fails
AML program, KYC procedures and OFAC sanctions policyRequired by 31 CFR 1022.210 and reviewed by every state
FinCEN Form 107 filingConfirms federal MSB registration
Cybersecurity, business continuity and complaints policiesRequired for BitLicense applicants under 23 NYCRR Part 200 and expected elsewhere
Bank and custody arrangementsShows how customer money and crypto are held

New York’s BitLicense checklist on NMLS shows what a full application looks like. Founders from abroad should plan for certified translations of foreign documents.

Ongoing AML/KYC, Tax and Reporting Obligations After Licensing

After licensing, you must run your AML program daily, file federal reports, screen sanctions, report to each state and issue IRS forms.

ObligationRuleThreshold or deadline
AML program, including customer identity verification31 CFR 1022.210Written program, compliance officer, training, independent review
Suspicious activity reports (SARs)31 CFR 1022.320Transactions of $2,000 or more; file within 30 days
Currency transaction reports (CTRs)31 CFR 1010.311Cash transactions over $10,000
Travel Rule31 CFR 1010.410(e)–(f)Transmittals of $3,000 or more
Sanctions complianceOFAC guidance for the virtual currency industryScreen customers, wallets and transactions against OFAC lists
FinCEN renewal31 CFR 1022.380Every two calendar years, and after ownership changes over 10%
State supervisionState law and NMLSPeriodic reports, examinations and approval of changes of control
Tax reportingForm 1099-DA under TD 10000Gross proceeds from 2025; cost basis from 2026

In October 2026 FinCEN withdrew two proposed crypto rules: the 2020 unhosted wallet proposal and the proposed special measure on CVC mixing. The BSA obligations above are unchanged.

Individual taxpayers must also answer the digital asset question on Form 1040 (IRS). Congress repealed the broker rule for DeFi platforms in April 2025 (Pub. L. 119-5).

Can You Buy a Ready-Made US Company for a Crypto Business?

Yes, you can buy a ready-made US company, but its FinCEN registration and any state licenses do not simply pass to you.

FinCEN requires re-registration within 180 days after a transfer of more than 10% of voting power or equity (31 CFR 1022.380(b)(4)). Re-registration is also needed when state law makes the business re-register after a change of control.

State licenses belong to the licensed company and its approved owners. Most state money transmission laws, including the MTMA, require the regulator’s approval before anyone acquires control of a licensee.

Offers of a “ready US crypto license” usually mean a company with a FinCEN registration only. That is not a license, and the registration must be refiled after the sale.

A shelf company can still save setup time and show some history to banks. Before buying, check its registrations, tax filings, bank accounts, liabilities and any past enforcement.

Common Mistakes When Getting a Crypto License in the USA

The most common mistake is treating FinCEN MSB registration as a license to operate across the US.

  • Treating FinCEN registration as a license. It is a federal AML registration; state licenses are separate.
  • Relying on Montana. Montana does not license money transmitters, but customers in other states bring those states’ laws with them.
  • Ignoring New York and California. The BitLicense and DFAL apply to business with their residents, wherever the company is based.
  • Launching before the AML program works. Regulators expect a working program, a named compliance officer and an independent review.
  • Misjudging the token. A token that is a security needs the SEC route; a money transmission license does not cover it.
  • Offering leverage outside a DCM. Leveraged retail crypto trades must take place on a CFTC-registered DCM.
  • Missing re-registration. Ownership changes over 10% and the two-year renewal both need a new Form 107.
  • Underestimating capital. Net worth and bonds must be maintained after licensing, not just shown once.
  • Buying a “ready license”. Licenses are not sold apart from the company, and new owners need approval.
  • Forgetting tax reporting. Brokers must issue Form 1099-DA to customers and the IRS.

US Crypto License vs Canada MSB, UK FCA and MiCA CASP

The US is the only one of the four with no single national crypto license. Canada and the UK keep national registers, and the EU issues one MiCA license that works across member states.

United StatesCanadaUnited KingdomEuropean Union
Main regimeFinCEN MSB registration plus state licenses, BitLicense and DFALFINTRAC MSB registration; AMF authorization for Quebec platforms and ATMsFCA registration under the Money Laundering Regulations 2017CASP authorization under MiCA
NatureFederal registration plus state licensesRegistration, not a license; renew every two yearsRegistration; the FCA decides within three months of a complete applicationFull license
2026 changesDFAL licensing from 1 July 2026; GENIUS Act effective by 18 January 2027Law of 26 March 2026 raises penalties and will bring stablecoin issuers into MSB registration (FINTRAC)Authorization gateway opened 30 September 2026; new regime starts 25 October 2027Transitional period ended 1 July 2026
ReachUS only, state by stateCanada onlyUK onlyOther member states by notification

A US license is not valid in the EU or UK, and a MiCA license gives no access to US customers. Firms serving several markets usually need a license or registration in each.

UK registrations will not convert into authorization: existing firms must apply by 28 February 2027 (FCA).

US Crypto Licensing Services From SBSB FinTech Lawyers

SBSB FinTech Lawyers helps crypto businesses choose the right route and obtain a USA crypto license, from first analysis to approval.

We can help with:

  • Regulatory analysis of your model under FinCEN guidance, state law and SEC and CFTC rules.
  • US company formation and a US agent for service of process.
  • FinCEN MSB registration (Form 107), renewals and re-registrations.
  • AML/KYC programs, OFAC sanctions policies and compliance officer support.
  • State license applications through NMLS, including the New York BitLicense and California DFAL.
  • Ongoing compliance: reports, renewals, regulator questions and change-of-control filings.
  • Comparing the US route with Canada MSB, UK FCA and MiCA CASP licensing.

Send us your business model and target states. We will map the licenses you need, with a timeline and a budget.

FAQ About Crypto Licensing in the USA

Is there a crypto license in the United States?

There is no single federal crypto license. Businesses register with FinCEN as MSBs and obtain state licenses, such as money transmitter licenses, the New York BitLicense or a California DFAL license.

Yes. FinCEN applies AML rules, states license money transmission, the SEC covers crypto securities, the CFTC covers derivatives, and the GENIUS Act covers payment stablecoins.

It is the federal registration of money services businesses under 31 CFR 1022.380. Businesses file Form 107 within 180 days of being established and renew every two years.

No. It registers the business for AML purposes but gives no permission to transmit money in states that require a license.

Exchangers and administrators of convertible virtual currency, such as custodial exchanges, hosted wallets, crypto ATMs and OTC desks. Users trading for their own account do not need it (FIN-2013-G001).

Usually yes, if they hold or transfer customers’ crypto or money. Each state where they serve customers decides whether its license applies.

No. Montana does not regulate money transmitters, and state definitions differ. New York and California run dedicated crypto regimes.

It applies to virtual currency business activity involving New York or New York residents, such as transmission, custody or exchange. A limited-purpose trust charter is the alternative (NYDFS).

From 1 July 2026, digital financial asset business with California residents needs a DFPI license. Firms that applied by that date may keep operating while their application is pending (DFPI).

Government fees range from none at FinCEN to $10,000 in Texas, and $5,000 for a BitLicense application. Net worth from $100,000 and bonds of $100,000 to $500,000 or more are the larger items.

FinCEN registration appears in the registrant search about two weeks after e-filing. State licenses take months, and New York often takes longer than its 90-day rule.

A written AML program with customer identity verification, a compliance officer, training and an independent review (31 CFR 1022.210). Add SAR, CTR, Travel Rule, recordkeeping and OFAC sanctions procedures.

Only if they trade crypto asset securities. They must then register as an exchange, operate an ATS through a registered broker-dealer, or register as a broker-dealer (SEC).

Yes. Crypto futures, swaps and leveraged retail trades must run on CFTC-registered venues such as DCMs, with registered intermediaries (CFTC).

From 18 January 2027 at the latest, only permitted issuers may issue payment stablecoins in the US. The routes are bank subsidiaries, OCC-approved federal issuers and state issuers with up to $10 billion outstanding.

Check regulators’ registers rather than marketing claims. FinCEN’s MSB Registrant Search shows federal registration, NMLS Consumer Access shows state licenses, and NYDFS lists its regulated entities.

Not on its own. Licenses belong to the company and its approved owners, so a buyer needs regulator approval for the change of control and must re-register with FinCEN.

Yes, but it needs its own FinCEN registration and state licenses for crypto activity. Check its history and liabilities before you buy.

Yes. A foreign-located MSB must register with FinCEN and name a US agent for service of process. Many applicants use a US subsidiary for state licenses.

FinCEN registration is fastest, but on its own it does not allow money transmission in licensing states. The quickest compliant launch is often through a licensed partner while your own licenses are pending.

Not directly, but brokers report sales on Form 1099-DA, and exchange records link wallets to identities. The IRS has also used court-approved John Doe summonses to obtain exchange customer data.

No. The EU requires MiCA authorization, and the UK requires FCA registration now and FCA authorization from 25 October 2027.

It depends on the activity. Custodial exchanges and wallets need FinCEN registration and state licenses; stablecoin issuers need a GENIUS Act route; securities and derivatives need the SEC or CFTC.

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