Cryptoassets Regulatory Intelligence cryptoassets.gi
US-VA v13.3.0
content: ai_generated legal review: never_reviewed (informational) publication gate: 1 failing17 sources retrieved model claude-sonnet-5 · 2026-08-06

Virginia, USA

US-VA schema crypto-v2.0.0 trajectory: not yet assessedregulatedoverlaps: FIM, WPM

Last updated · 7 categories · 19 sourced findings · 23 sources in the cumulative register

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Jurisdiction lead brief

Lead Signal

Virginia's crypto regulatory posture this cycle is best described as narrowly targeted rather than comprehensive. Chapter 19.1, effective July 1, 2026, excludes virtual currency from the statutory definition of "money," exempting platforms dealing exclusively in virtual currency from the Commonwealth's money-transmission licensure regime. At the same time, a separate statute, Chapter 22.2, creates a dedicated State Corporation Commission licence specifically for virtual-currency kiosk operators: no kiosk operator may conduct a kiosk transaction or site a kiosk in Virginia without first obtaining that licence, and transactions conducted without one are void. The kiosk licensing provisions take effect July 1, 2027 under the enrolled bill's own second enactment clause, correcting several secondary industry sources that reported a 2026 effective date. Both statutory changes are assessed at High confidence, and the jurisdiction's overall crypto regulatory posture is classified as in-transition: Virginia is actively tightening consumer-facing kiosk oversight while simultaneously narrowing the scope of its general money-transmission licensing regime for crypto-only platforms.

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Virginia has no bespoke crypto-asset licensing statute. Virtual-currency exchange, custody and transmission businesses are captured under Virginia's general money-transmitter licensing law, administered by the Commonwealth's banking/financial-institutions authority and processed through the multistate NMLS platform. Federal FinCEN money-services-business (MSB) registration applies in parallel to any entity acting as an 'exchanger' or 'administrator' of convertible virtual currency.

Standing sub-brief430 words · last cycle 2026-08-25

Crypto Licensing

Virginia's crypto licensing landscape shifted on two statutory fronts this cycle, both effective within the same eighteen-month window but pointed in different directions. Chapter 19.1, effective July 1, 2026, replaced the Commonwealth's general money-transmission statute and, within that replacement, defined virtual currency explicitly as not "money." The consequence is direct: a platform dealing exclusively in virtual currency, with no fiat-currency leg to its Virginia business, is exempted from the state's money-transmission licensure requirement altogether, regardless of transaction volume.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (2)
  1. T2 · Nationwide Multistate Licensing SystemNationwide Multistate Licensing System — Virtual currency exchange and custody businesses operating in Virginia must obtain a money transmitter license under Virginia's general money-transmission licensing law, since Virginia has no separate crypto-asset licensing statute distinct from that regime.retrieved M4bindingin force
  2. T1 · FinCENFinCEN — Persons engaged as an 'exchanger' or 'administrator' of convertible virtual currency must register with FinCEN as a money services business under the Bank Secrecy Act, a federal registration obligation that applies regardless of Virginia's state licensing status.retrieved M4bindingin force

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Virginia does not independently classify crypto-asset tokens; characterization is governed at the federal level. In March 2026, the SEC and CFTC jointly issued a Commission-level interpretive release adopting a five-category token taxonomy (digital commodities, digital collectibles, digital tools, stablecoins, digital securities), superseding the SEC's 2019 staff-level framework. The federal GENIUS Act separately confirms that permitted payment stablecoins are not securities.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (2)
  1. T3 · SEC EDGAR filerSEC EDGAR filer — On March 17, 2026, the SEC and CFTC jointly issued an interpretive release confirming bitcoin as a "digital commodity" under a new five-category token taxonomy (digital commodities, digital collectibles, digital tools, stablecoins, digital securities) and not a security under federal securities laws.retrieved M5non-binding
  2. T3 · SEC EDGAR filerSEC EDGAR filer — The federal GENIUS Act establishes that a compliant payment stablecoin issued by a permitted payment stablecoin issuer categorically will not be a security by operation of statute after the Act's effective date; other stablecoins may still meet the definition of security depending on facts and circumstances.retrieved M5bindingenacted not yet effective

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Virginia has not enacted activity-specific state rules for staking, DeFi lending, DEX operation, mining, node operation, validator activity, or tokenization. Such activities are assessed, if at all, under the general Virginia money-transmission framework (where custodial/transmission elements are present) or under overlapping federal securities/commodities and tax frameworks (e.g., the IRS's November 2025 staking safe harbor for grantor trusts).

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (2)
  1. T3 · SEC EDGAR filerSEC EDGAR filer — Virginia has not adopted state-level rules addressing the licensing or characterization of crypto-asset staking; treatment instead flows from federal frameworks, including an IRS safe harbor (released November 10, 2025) for grantor trusts that stake digital assets.retrieved M3non-binding
  2. T2 · Nationwide Multistate Licensing SystemNationwide Multistate Licensing System — Virginia has not enacted, and no Virginia regulator has adopted, activity-specific rules for DeFi lending, DEX operation, mining, node operation, validator activity, or tokenization; these activities lack a dedicated state analog and are assessed only under general money-transmission and federal securities/commodities principles.retrieved M3non-bindinga fact about the regime

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The federal GENIUS Act (signed July 18, 2025) is the first comprehensive U.S. federal stablecoin statute, establishing issuance, reserve, redemption, disclosure, and supervisory requirements for payment stablecoins. As of the July 18, 2026 statutory rulemaking deadline, the OCC, Federal Reserve, FDIC, NCUA and Treasury had not finalized implementing regulations; the Act's substantive framework becomes effective on the earlier of January 18, 2027 or 120 days after final implementing rules issue. In the interim, stablecoins continue to be issued under pre-existing state money-transmitter licenses, including Virginia's, without dedicated federal oversight.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (5)
  1. T4 · The BlockThe Block — The GENIUS Act permits only federally chartered banks, OCC-supervised nonbank issuers, and state-qualified issuers operating under a state regime certified as substantially similar to the federal framework to issue payment stablecoins.retrieved M5bindingenacted not yet effective
  2. T4 · CoinDeskCoinDesk — Pending finalization of GENIUS Act implementing rules, stablecoins continue to be issued in practice using pre-existing state money transmitter licenses, including in Virginia, without dedicated federal oversight.retrieved M4bindingin force
  3. T1 · Federal Reserve BoardFederal Reserve Board — The GENIUS Act limits permissible payment-stablecoin reserve assets to an itemized list of highly liquid instruments, including insured/uninsured deposits, short-term U.S. Treasury securities, and Federal Reserve account balances.retrieved M5bindingenacted not yet effective
  4. T4 · The BlockThe Block — The GENIUS Act mandates redemption rights, reserve segregation, and monthly disclosures for permitted payment stablecoin issuers as consumer-protection features of the federal framework.retrieved M4bindingenacted not yet effective
  5. T4 · The BlockThe Block — As of the July 18, 2026 statutory deadline, the OCC, Federal Reserve, FDIC, NCUA and Treasury had not issued final GENIUS Act implementing regulations covering reserves, licensing, customer identification and AML compliance; several proposals remained open for public comment.retrieved M4bindingproposed

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Virginia has no crypto-specific consumer-protection statute. General Virginia consumer-protection and money-transmitter bonding/net-worth requirements apply to licensed transmitters. Virginia has separately enacted HB 798 (signed 2026, effective July 1, 2026), amending the state's unclaimed-property statute so that dormant crypto assets held in customer accounts for five years are escheated to state custody in-kind rather than liquidated.

Standing sub-brief321 words · last cycle 2026-08-25

Consumer Protection

Chapter 22.2 builds a substantial consumer-protection framework around Virginia's new virtual-currency-kiosk licensing regime, though none of its protections are yet in force. The statute requires kiosk operators to display prominent warnings regarding fraud risk and the volatility of virtual currency at the point of transaction.

Transaction-level limits are specific and tiered by user tenure: new users face a 2,000-dollar daily limit, existing users a 5,000-dollar daily limit, and all users a combined 10,000-dollar monthly limit regardless of tenure. Per-transaction fees are capped at 18 percent.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (2)
  1. T4 · The BlockThe Block — Under Virginia HB 798, signed into law and effective July 1, 2026, unclaimed crypto assets in customer accounts that remain dormant for five years must be transferred to state custody in-kind, meaning the tokens are transferred in their original form rather than liquidated or converted to cash.retrieved M3bindingenacted not yet effective
  2. T2 · Nationwide Multistate Licensing SystemNationwide Multistate Licensing System — No Virginia-specific suitability or appropriateness standard for crypto-asset sales to retail consumers has been independently verified in this research pass.retrieved M2non-bindingour coverage gap, expected to resolve on a re-run

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Federal tax treatment of virtual currency as property (IRS Notice 2014-21) underlies U.S. taxation of crypto transactions, including in Virginia. Beginning tax year 2025, crypto brokers must issue Form 1099-DA reporting gross proceeds to the IRS, with cost-basis reporting phased in from tax year 2026, materially increasing automated compliance visibility. Virginia's own conformity treatment of crypto-asset gains under state income tax has not been independently verified in this research pass.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (3)
  1. T1 · CFTC LabCFTCCFTC LabCFTC — For U.S. federal tax purposes, virtual currency is treated as property, and general tax principles applicable to property transactions govern crypto transactions, meaning gains or losses realized are generally characterized as capital gain or loss where the asset is a capital asset in the taxpayer's hands.retrieved M4bindingin force
  2. T4 · The BlockThe Block — Crypto exchanges operating as brokers were required to issue Form 1099-DA reporting gross proceeds to the IRS and taxpayers for the 2025 tax year, with cost-basis reporting for covered digital assets phased in beginning tax year 2026.retrieved M4bindingin force
  3. T1 · CFTC LabCFTCCFTC LabCFTC — Virginia's specific state-income-tax conformity treatment of federally characterized crypto-asset gains has not been independently verified against a Virginia Department of Taxation primary source in this research pass.retrieved M3non-bindingour coverage gap, expected to resolve on a re-run

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Virginia imposes no independent state-level restriction on outbound or cross-border crypto transfers beyond federal frameworks. Federal OFAC sanctions screening obligations and FinCEN's Funds Travel Rule (extended to convertible virtual currency transmittals) apply uniformly, and a joint Treasury/FinCEN/OFAC proposed rule (April 2026) would extend AML and sanctions compliance-program obligations specifically to permitted payment stablecoin issuers under the GENIUS Act.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (3)
  1. T1 · FinCENFinCEN — Where convertible virtual currency transactions constitute a "transmittal of funds" under FinCEN's regulations, the host or money transmitter must comply with the Funds Travel Rule, applying irrespective of whether the transfer crosses a U.S. state or international border.retrieved M4bindingin force
  2. T1 · FinCENFinCEN — Treasury's FinCEN and OFAC issued a joint proposed rule in April 2026 to implement the GENIUS Act's anti-money-laundering and sanctions-compliance-program requirements for permitted payment stablecoin issuers, an obligation that would apply to any qualifying Virginia-based issuer.retrieved M4bindingproposed
  3. T2 · Nationwide Multistate Licensing SystemNationwide Multistate Licensing System — No Virginia-specific outbound restriction on crypto-asset transfers beyond the applicable federal sanctions and travel-rule frameworks has been identified; Virginia has no independent cross-border crypto transfer regime.retrieved M2non-bindinga fact about the regime
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Editorial metadata for Virginia, USA
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trust.lawyer_review.statusnever_reviewed
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trust.content_sourceai_generated

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Envelope: baseline resolved at jurisdiction_json.baseline; 7 module(s), 19 finding(s), 23 source(s) in the cumulative register.

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