The objective of the NYDFS’s stricter listing and delisting regulations for cryptocurrencies is to increase investor protection in the space.
The New York State Department of Financial Services (NYDFS) has issued stringent listing and delisting regulations for virtual currencies. The NYDFS clarified in a new industry letter published on November 15 that they are implementing stricter regulations for all virtual currency business entities.
Companies licensed under 23 NYCRR Part 200 or Chartered as Limited Purpose Trust Companies under the New York Banking Law will be subject to the revised listing and delisting guidelines.
The Superintendent of Financial Services, Adrienne A. Harris, stated that this action will strengthen safeguards for cryptocurrency investors across the state.
The Structure of New Guidelines
New regulations stipulate that virtual coin entities must take into account critical elements such as business model considerations. The Guidance incorporates risk-based factors, such as the prohibition of self-certification for virtual currencies that possess particular attributes, thereby enhancing protections for retail consumers engaged in virtual currency business activities.
The entities should strategize and execute risk assessment expectations; doing so will increase the clarity and transparency of those expectations. Ensuring compliance will mitigate regulatory uncertainty and contribute to an enhanced user experience within the cryptocurrency sector.
One of the regulations enforced is the need for advance notification regarding coin deliveries. Commenters have noted that implementing such notification requirements in certain circumstances may be impracticable, potentially leading to unintended injury to consumers. The most recent guideline permits limited exceptions to advance notification requirements in exigent circumstances.
Furthermore, they requested more precise definitions, such as revised explanations of specific terms and conditions that guarantee the security of token listing and consumer delisting.
In addition, the new regulations mandate that companies provide prior notice for the delisting of tokens and be more forthright with their customers regarding removing support for previously listed cryptocurrencies.
New NYDFS Virtual Currency Regulations And Objectives
The issued circular for cryptocurrency entities stipulates that for NYDFS approval, companies must submit their coin listing and delisting policies.
Furthermore, cryptocurrency companies must register their policies, which will subsequently be evaluated per more rigorous risk assessment criteria, guaranteeing de-listings. This measure will bolster security measures and mitigate market risk and disruptions in the perpetually evolving cryptocurrency market.
Notably, the proposed updates to the existing regulations are implemented to provide crypto enthusiasts with more robust governance of virtual currencies.
In addition, all Virtual Coin entities must collaborate with the New York Department regarding development and submit to the NYDFSÂ by January 31, 2024, a coin-delivery policy for approval. Additionally, by December 8, 2023, VC Entities should convene with the department to discuss their proposed coin-delisting policy.
