- From: Manu Sporny <msporny@digitalbazaar.com>
- Date: Wed, 28 Aug 2013 00:42:51 -0400
- To: public-webpayments@w3.org
On 08/26/2013 09:48 PM, Margaux Avedisian wrote: > Dwolla partnered with a credit union so they fall under their > compliance. A lot of Bitcoin companies want to partner with a bank or > credit union so they are operating legally but also to hold the US > dollars. Right, but I think this is only part of the story. I've been talking with the folks that founded the Internet Archive Federal Credit Union (IAFCU). You can see them talking about rescuing the Bitcoin exchanges from a banking/regulatory perspective here: Internet Archive provides Bitcoin Sanctuary: https://www.youtube.com/watch?v=RD6fVNGEnlI For the techies on this list, one of the founders is Brewster Kahle (who helped build WAIS, Alexa, Internet Archive, and the Way Back machine): http://en.wikipedia.org/wiki/Brewster_Kahle It's turning out that partnering w/ a credit union might not be enough in the coming year as there is new regulation going out in 12 states that says that you need a money transmitter license even if you pair up with a credit union. This is information that I got from a few of the folks at Meracord: http://www.meracord.com/ They have "compliance packages" that they'll gladly sell you for all 50 states that includes full Know Your Customer / Anti-Money Laundering / FDIC-insured accounting with the necessary money transmitter licenses thrown in. The package levels they have are $50K/setup + $1K/year, or $15K setup + $5K/month, which is in range of some of the larger exchanges. Then again, they have a good reason to say that partnering w/ a Federal Credit Union isn't going to be enough in the coming months. So, it could be that the regulatory problem may need not only a banking partner to be found, but extra money transmission licenses as well... and this is only in the US. It gets more complicated when you're dealing with stuff overseas. This is all a big problem for the standards that we're working on because if we want to put a large number of these advanced financial tools into the hands of everyday people, we're going to have to build the technology to work with the current regulatory framework. If we're smart about it, we'd build the technology in such a way that assumes a constantly changing regulatory framework, with bits and pieces that can be added/removed for Know Your Customer (KYC) and Anti-Money Laundering activities. For example, JSON-LD + Secure Messaging + digitally signed endorsements from local governments would be a good way of mitigating the time cost of having to go through KYC over and over and over again (from the customers side). It would also be a good way of mitigating the financial cost of having every Bitcoin and PaySwarm exchange/payment processor from having to pay for a KYC check on every customer they onboard into their system. > I was sending this email, I just saw that Tradehill announced their > partnership with a credit union. Yep, they partnered w/ the Internet Archive Federal Credit Union. Jordan Modell (their CEO) is a super helpful guy and really wants to help new financial networks such as Bitcoin, Ripple, and PaySwarm succeed. I'm currently trying to get some folks from the IAFCU to join this mailing list. > Partnering with a bank, credit union or a company that already has > the money transmitting licensing seems to be the fastest and least > expensive way to become compliant. For now, it seems. Anyone have any more news on how Kansas has started to require money transmitter licenses from folks that are already partnered w/ credit unions or commercial banks? > Also I've heard that it may be the best way to eventually get CA and > NY state licensing because you can legally demonstrate how you are a > legitimate business (of course stringent KYC and other regulatory > compliant procedures are in place). For CA, you have to apply to > even apply for licensing and I believe the company needs a million > dollars in the bank. Here are the requirements for California: http://www.moneytransmitterlaw.com/state-laws/california/ Surety bonding requirements range from $250,000 to $7,000,000. $5,000 application fee. I don't see anything about needing $1M in the bank... but you do need at least enough to cover all outstanding amounts that you're holding on behalf of customers. CA Money transmitter legislation is here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fin&group=01001-02000&file=2000-2003 Any comments on Kansas or the 12 other states that may not allow credit union partnering, Margaux? -- manu -- Manu Sporny (skype: msporny, twitter: manusporny, G+: +Manu Sporny) Founder/CEO - Digital Bazaar, Inc. blog: Meritora - Web payments commercial launch http://blog.meritora.com/launch/
Received on Wednesday, 28 August 2013 04:43:23 UTC