Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB2081

Introduced
3/5/24  

Caption

Providing for collateral requirements for virtual currency lenders and for segregation of funds; and imposing penalties.

Impact

The repercussions of enforcing HB 2081 are widespread for both virtual currency lenders and their clients. By imposing strict collateral and fund segregation requirements, the act aims to bolster consumer protection and accountability in the burgeoning field of digital assets. The Pennsylvania Department of Banking and Securities will oversee the enforcement of these regulations, outlined in both penalties for violations and a regulatory framework that lenders must adhere to. This represents a significant step toward formalizing regulations in an industry that has been relatively unregulated, potentially will shape how digital assets are treated in financial legislation moving forward.

Summary

House Bill 2081, also known as the Digital Asset Regulation Act, establishes collateral requirements for virtual currency lenders in Pennsylvania. The bill mandates that these lenders maintain a collateral amount equal to at least 100% of the value of the virtual currency they handle, ensuring that clients are protected in case of defaults or mismanagement. It requires lenders to segregate client funds from their own, promoting transparency and security in transactions involving digital assets. The intended effect of this legislation is to create a safer and more regulated environment for virtual currency transactions within the state, addressing concerns about volatility and fraud in the digital currency market.

Sentiment

General sentiment regarding HB 2081 appears to be cautiously optimistic among supporters who view it as an essential step toward mitigating risks associated with virtual currencies. Advocates argue that regulated lending practices will protect consumers and enhance the credibility of virtual currency operations. However, critics may raise concerns about the feasibility of compliance for smaller lenders or argue about the potential for hindering innovation in an evolving market. The discussion around the bill highlights the balance policymakers must strike between ensuring consumer safety and fostering a thriving digital economy.

Contention

Notable contention surrounding the bill stems from its effects on market practices and the operational capacity of smaller virtual currency lenders. Stakeholders worry that stringent collateral requirements might disproportionately impact these smaller entities, potentially driving them out of the market or hindering new entrants. Some discussions may also touch on the adequacy of the penalties put in place for non-compliance, questioning whether they are effective deterrents against malpractice without being overly punitive. Ultimately, the enactment of HB 2081 aims to confront both consumer safety concerns and regulatory integrity in the increasingly popular landscape of digital finance.

Companion Bills

No companion bills found.

Previously Filed As

PA HB883

Providing for collateral requirements for virtual currency lenders and for segregation of funds; and imposing penalties.

PA H1089

Providing for regulation and reporting requirements for qualifying virtual currency kiosk operators

PA S804

Providing for regulation and reporting requirements for qualifying virtual currency kiosk operators

PA HF4717

Virtual currency terms defined, and additional disclosure requirements added for virtual currency transactions.

PA HB901

Providing for digital assets and blockchain technology registration; and imposing penalties.

PA HB4010

Relating to digital assets and recognizing virtual currency

PA HB06800

An Act Concerning Mortgage Correspondent Lenders, The Small Loan Act, Virtual Currencies And Security Freezes On Consumer Credit Reports.

PA SB84

Money Transmission; Virtual Currency

PA HB86

Money Transmission; Virtual Currency

PA SB86

Money Transmission; Virtual Currency

Similar Bills

CA AB913

Collateral recovery.

CA AB290

Collateral recovery: repossession agencies.

TX SB638

Relating to the collateralization of certain public funds; providing administrative penalties.

CT HB07181

An Act Allowing Public Depositors To Receive Supplemental Collateral As Security For Public Deposits.

CA AB679

Public employees’ retirement: investments: security loans.

CA AB2228

Collateral recovery: notice.

TX HB77

Relating to the collateralization of certain public funds and to custodians with which certain pledged securities may be deposited; providing administrative penalties.

MN SF3358

Bail bonds standards and regulations codification