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Virginia, USA
US-VAschema crypto-v2.0.0trajectory: 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.
Other Developments
Consumer protections for kiosk users are substantial but not yet operative. Chapter 22.2 requires prominent fraud-risk and volatility warnings at kiosks, caps daily transactions at 2,000 dollars for new users and 5,000 dollars for existing users with a 10,000-dollar monthly limit, and caps per-transaction fees at 18 percent. It also grants fraud victims a right to a refund of transaction fees where the victim reports within 90 days and submits a police report, government-agency report, or sworn statement within 120 days, with violations referable to the Attorney General for enforcement, relief, and restitution. All of these consumer protections share the kiosk licensing regime's July 1, 2027 effective date.
Virginia has no state-level token-classification taxonomy. State law addresses only the money/virtual-currency distinction for money-services-business licensing purposes; classification of a given token as a security, utility, or payment instrument continues to default to the federal SEC/CFTC framework, a negative finding sourced directly to the primary statute rather than a research gap.
A treasury-investment bill advanced but does not create a stablecoin framework. Senate Bill 557 would establish the Commonwealth Strategic Cryptocurrency Reserve Fund, a special nonreverting fund administered by the Virginia State Treasurer, and it passed the Senate General Laws and Technology Committee by a 13-2 vote. This is a treasury-investment vehicle, not an issuer-facing stablecoin regime.
Cross-Monitor Connections
The AML/CFT Regime module for this cycle is supplied by the financial-integrity consumer's D7 and D5 domains, which analyze the same Chapter 19.1 money-transmission reset and the federal FinCEN alert on IRGC digital-asset infrastructure use from a financial-crime-architecture perspective; no first-party AML/CFT analysis is performed here. The Chapter 19.1 exclusion of virtual currency from "money" is also directly relevant to World Payments Monitor coverage, since it is simultaneously a payments-licensing-scope question and a digital-money-classification question.
Outlook
The near-term marker to watch is the run-up to Chapter 22.2's effective date: the SCC must begin accepting kiosk-licence applications by March 1, 2027, ahead of the July 1, 2027 effective date for both the licensing requirement and its accompanying consumer protections. Whether Virginia's approach — excluding general crypto activity from money-transmission licensure while building a bespoke, high-friction regime only for the highest-fraud-risk kiosk channel — is extended to other retail crypto channels remains the open structural question. Compliance functions at Virginia-facing kiosk operators should treat July 1, 2027 as the operative planning date rather than any earlier date circulating in secondary commentary.
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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.
Chapter 22.2 moves in the opposite direction for a specific, narrower population. The statute requires that no virtual-currency-kiosk operator engage in a kiosk transaction or locate a kiosk in the Commonwealth without first obtaining a licence from the State Corporation Commission, and it renders void any kiosk transaction conducted in violation of that requirement. This is a new, dedicated licensing category that did not previously exist in Virginia law.
An effective-date discrepancy required resolution this cycle. Several secondary industry and law-firm sources reported Chapter 22.2 as taking effect in 2026. The enrolled bill's own second enactment clause, however, fixes the kiosk-licensing provisions' effective date at July 1, 2027. This discrepancy is resolved here in favor of the primary statutory text, consistent with standard sourcing hierarchy.
Taken together, general crypto exchanges, custodians, and other digital-asset platforms that do not operate a fiat-currency-accepting kiosk remain largely outside Virginia's state licensure regime following this cycle's developments, since Chapter 19.1's virtual-currency exclusion applies to them directly and no comprehensive VASP-style licensing regime exists to fill that gap. The kiosk-specific channel, by contrast, moves toward a comprehensive and imminently operative licensing requirement, reflecting a policy judgment that this particular retail channel carries a distinct and elevated fraud-risk profile warranting bespoke oversight.
Both statutory provisions are assessed at High confidence given their basis in primary Code of Virginia text, though the underlying commentary correcting the 2026-versus-2027 effective-date question draws on a Tier 3 secondary source alongside the Tier 1 enrolled-bill text; the primary source controls for planning purposes. The Virginia State Corporation Commission's Bureau of Financial Institutions is the supervisory authority for both the general money-transmission licensing regime under Chapter 19.1 and the new kiosk-specific licence under Chapter 22.2.
Outlook
The State Corporation Commission's licence-application window is required to open by March 1, 2027, four months ahead of the July 1, 2027 effective date for the kiosk licensing requirement itself. Whether Virginia extends comparable licensing treatment to other crypto-adjacent retail or intermediary channels beyond kiosks remains the open structural question heading into the 2027 legislative session. No Virginia-specific statutory token-classification taxonomy exists to complement either regime.
No new data since the standing brief. 1 periodic run re-emitted it unchanged.
Sources and findings (2)
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
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
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)
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
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
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)
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
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
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)
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
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
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
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
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
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.
The statute's most consequential consumer remedy is its fraud-refund right. A kiosk-fraud victim who reports the fraud within 90 days, and who submits a police report, a government-agency report, or a sworn statement within 120 days, is entitled to a refund of the transaction fees associated with the fraudulent transaction. Violations of the statute's requirements are referable to the Attorney General, who may pursue enforcement, relief, and restitution on the victim's behalf.
All of these provisions, from the warning requirements through the fraud-refund right, share the same effective date as the kiosk licensing requirement itself: July 1, 2027. Until that date, Virginia kiosk users transact without the benefit of any of these statutory protections. These protections are sourced to a Tier 3 secondary legal-commentary summary of the enacted statute rather than to the primary Code of Virginia chapter text directly, a sourcing distinction worth flagging: while the underlying facts are stated at High confidence, independent confirmation against the primary statutory text is not yet reflected in the trace for the specific transaction-limit and fee-cap figures cited here.
Outlook
The gap between enactment and the July 1, 2027 effective date is the central consumer-protection risk to track: kiosk operators face no legal obligation to implement the warning, limit, fee-cap, or refund provisions until that date. Watch for whether the State Corporation Commission issues any interim guidance encouraging early voluntary compliance ahead of the mandatory date.
No new data since the standing brief. 1 periodic run re-emitted it unchanged.
Sources and findings (2)
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
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
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)
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
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
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
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)
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
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
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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