Crypto's Big Money Transmitter License Problem Explained ...

Crypto ‘Exchange of Exchanges’ ShortHop Expands to 7 US States

Crypto ‘Exchange of Exchanges’ ShortHop Expands to 7 US States

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ShortHop, an “exchange of exchanges” for cryptocurrency trading, has launched in seven additional U.S. states.
Revealed exclusively to CoinDesk, the exchange and brokerage has opened for business in Indiana, Massachusetts, Nevada, New Jersey, Rhode Island, Arizona and Montana. The Wilmington, Del.-based ShortHop was already live in California, Washington and Illinois.
While the exchange’s parent company, technology provider Velocity Markets, is registered as a money services business (MSB) with the Financial Crimes Enforcement Network (FinCEN), ShortHop had to apply for money transmitter licenses in each state where it does business. The company also expects to be licensed in Utah and Pennsylvania next week.
As a “spot fill market,” ShortHop allows customers to transact digital asset listings from multiple order books on one screen in addition to its own orders to provide customers with the lowest price, said Velocity Markets CEO Jonathan Kelfer.
“You might find that when you go on Binance, the spot price for bitcoin is the quoted price. When you go on Gemini it’s the quoted price there as well,” Kelfer said, by way of example. “We’ll use that in aggregate to get the best price across the ecosystem.”
In this way, the company’s model resembles those of Voyager and Fidelity Digital Asset Services, both of which act as brokers, helping customers find the best deals in a highly fragmented market. The difference is that ShortHop also has its own exchange.
“ShortHop is a spot market first, but we’re aggregating liquidity across the ecosystem,” Kelfer said, adding that the service is currently plugged into a total of eight exchanges and OTC desks.
ShortHop’s organic orders get treated like any other order on the marketplace, but “the more orders, the better the price,” Kelfer said.

Skipping between assets

Kelfer founded the company in the early part of the initial coin offering (ICO) boom, seeing a need for reliable American exchanges.
“It was my perspective that there wasn’t a U.S.-based presence where people could reliably base these assets,” Kelfer said. “You really had to get on some Chinese exchange, because U.S. exchanges weren’t listing most of these tokens.”
Currently, ShortHop just lists a few major cryptocurrencies. Users can acquire and trade bitcoin, ether, litecoin, bitcoin cash, XRP and Stellar lumens (XLM). ShortHop also allows customers to “hop” between these assets without having to go through multiple conversions on different exchanges. Its technology accomplishes this by cross ordering books to create synthetic pairs.
Velocity Markets is also building a digital securities exchange. It owns a broker-dealer under the legal name Distributed Technology Markets that has an alternative trading system form on file at the U.S. Securities and Exchange Commission. The company will be using the broker-dealer license to enable the digital securities exchange, but the company would not disclose when it plans to launch.
Right now, new users on ShortHop’s platform receive $25 worth of bitcoin for signing up. The platform at the moment is feeless, and Kelfer plans to subsidize retail users by offering a plug-in service to institutions who want to connect to the exchange’s capabilities.
“We’d rather do this than nickel-and-dime retail users who should have access to the same quality of infrastructure that large players do,” Kelfer said. “That’s not to say we won’t layer on fees in the future.”
Jonathan Kelfer image via Velocity Markets
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Adam S. Tracy Explains The State of Incorporation (Fallacy) Decision

Transcribed from: https://tracyfirm.com/adam-s-tracy-explains-the-state-of-incorporation-fallacy-decision/
Where should I incorporate? What state? I get this question five times a week. What state is better, what state helps me? What state has a better tax regime? Why should I incorporate in Nevada versus Delaware? Right? And the reality is the answer is completely over hyped. There couldn’t be a bigger misunderstanding in terms of what states have certain rights and privileges that others don’t. Your traditional states are like Delaware, Nevada. And then recently you had places like Wyoming and even Florida that have kind of come on, and almost offered cheaper incorporations as sort of a revenue stream for the state in question. But when you’re talking about running a crypto related business, what’s really relevant isn’t what state you incorporate in, but it’s what state you reside and operate from. So, obviously New York has the BIT license requirement. If you’re talking about state money transmitter laws, like Wyoming, which is a popular state to incorporate in, has some different capital requirements for operators of Bitcoin related businesses typically exchanges, right? But at the same time Wyoming is a very small state, and you’re probably not operating from there, statistically speaking. So, you really don’t have to worry about the laws. So the reality is you can incorporate in like a Wyoming and then operate from Illinois, and you have to worry about the laws of the state that you are actually operating from. Right? And if you want to operate in another state then you’ll have to worry about the laws pertaining to cryptocurrency or money transmission in that state, right? But if you can find your activity to a certain state or the nature of your activities such that you can deem every transaction you effectively encounter to occur in that state, which by contract you definitely can, then you only really need to concern yourself with the laws of that state. So to answer the question, you know, I’m a big proponent of cost, right? Like when I look at Delaware, you’re looking at almost $1,100. When I look at Nevada, they hit you with this business list, which takes their $150 Corporation and makes it almost $800, and you don’t really get a great deal of benefit from that. Right? I mean, there’s some speed and convenience elements to Nevada that make it very cogent, like in terms of having a robust online platform and quick turnarounds of formations which to a large extent can make it worthwhile. But, you know, from a legal perspective, you look at a state like Wyoming, which is really just pattern, its corporations code against the Nevada code, which in turn was an amalgamation of Delaware — the original sort of corporate Hub — and then all the case law that has developed which makes Delaware an attractive place to incorporate. But if you’re looking for convenience and sort of speed, Nevada’s great. If you’re looking for the same legal protections and not keen to pay thousands of dollars a year, especially when you start increasing number of shares in your paid-in capital or the tax your yearly franchise tax can go through the roof, then look at Wyoming. You can incorporate online immediately. It’s $100 cost, and you get the same protections and privileges as Nevada. So, you know, but at the end of the day, any state is pretty much on par with all others. I think the difference is very overstated, and I think you have certain states that have a reputation, but the reputation is a bit overstated for what they really get. So when you’re talking about a crypto-based entity, look first at what the particular cryptocurrencies (if there are any) laws are in that state and even to the extent and how they’ve interpreted things like money transmission license applications for exchanges in bitcoin ATM networks, things like that, look into those which a lot you can get with a simple Freedom of Information Act request that sends to the right Bureau. They’ll give you copies of the application, you get a sense of it, but don’t let the alleged preference of one state over another guide your decision for a crypto-based entity because there’s simply nothing compared to it. We’ve got to rely on the state that you’re from.
If you have any questions regarding where to incorporate, be sure to contact attorney Adam S. Tracy.
A former competitive rugby player, serial entrepreneur and, trader, attorney, Adam S. Tracy offers over 17 years of progressive legal and compliance experience in the areas of corporate, commodities, cryptocurrency, litigation, payments and securities law. Adam’s experience ranges from commodities trader for oil giant BP, initial public offerings, M&A, to initial coin offerings, having represented both startups to NASDAQ-listed entities. As an early Bitcoin adapter, Adam has promoted growth of cryptocurrency and offers a unique approach to representing crypto-clients. Based in Chicago, IL, Adam graduated from the University of Notre Dame with dual degrees in Finance and Computer Applications and would later obtain his J.D. and M.B.A. from DePaul University. Adam lives outside Chicago with his six animals, which is illegal where he lives.
Primary website: http://www.tracyfirm.com Twitter: https://twitter.com/TracyFirm Youtube: https://www.youtube.com/channel/UCVOa8Iy_RIkmRPwuQliPKfw Linkedin: https://www.linkedin.com/in/adamtracy/ Facebook: https://www.facebook.com/thetracyfirm/ Instagram: @adamtracyattorney Telegram: @adam_tracy Skype: @adamtracyesq Email me: [email protected]com
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FinCEN Registration & Money Transmitter Licenses CryptoTaxPrep.com Presents: What's A Money Transmitter? Can I Rent Or Lease A Money Transmitter License Everything You Need To Know About Money Transmitter Licensing Joesmoe Show #3 - Nevada requires ATM licensure, Taxation and Bitcoin ATMs

Nevada Money Transmitter Licensing Requirements: Who needs to be licensed as a money transmitter licensee? Under Nevada statute, a person must obtain a money transmitter license for sending or receiving money within the state. “Check” is defined as any draft, money order or instrument used for the transmission or payment of money. Nevada is bringing bitcoin ATMs more directly into the scope of its money transmitting regulations. The Nevada Financial Institutions Division (NFID) released a memo clarifying how bitcoin businesses, specifically those that facilitate exchange, may be regulated under existing state laws. “Over time, the NFID has monitored the growth and expansion of the blockchain, bitcoin, and virtual ... A bitcoin money transmitter license is the same as the regular MTL required for money services businesses in the United States. Any bitcoin based business that offers the services of transmitting virtual money or currency from one person or place to another is classified as a money transmitter. This means that in most US states, you need to get a license before beginning operations as a ... You’re not done once you get your MTL license in-hand. In fact, the hard part has just begun. More and more states are requiring cryptocurrency businesses to obtain money transmitter licenses, and this is a trend that’s only going in one direction — toward more states requiring licensure, not fewer.. We’ve been getting a lot of questions about this, particularly after Nevada started ... Now, kiosks are going to be required to have a state money transmission license. According to BitAML Senior Advisor Annelise Strader, the state’s regulatory team made the necessary changes after not passing a crypto bill last May. And also, they’ve changed their interpretation of what constitutes a money transmitter in Nevada.

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FinCEN Registration & Money Transmitter Licenses

Bitcoin is the first money owned by the people and is often seen as a threat to the state, as such the state has struggled to adapt to it. For businesses who operate in the industry, working with ... Money Transmitters and other money services businesses are required to comply with the US Bank Secrecy Act as well as state banking laws requiring money transmitter licenses. This is a short video ... HB 436 would carve out an exemption for bitcoin and other virtual currency users from the money transmitter regulations, but there are some problems. Here's the full hearing video. This week on Around the Coin, Faisal Khan, Brian Roemmele, and Mike Townsend discuss everything about money transmitter licenses, including how they work, who needs one, and how bitcoin plays a role. Nevada Regulates Bitcoins ATM + IRS TAX Bitcoins + Bitcoin ATMs-Nevada Crypto ATM Operators Now Require Money Transmission License (https: ...

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