North Carolina — Bitcoin and virtual-currency law

• Jurisdiction: State of North Carolina (US)
• Date checked: 2026-10-09 (all statuses below were checked on this date unless another date is given)
• Regulator: North Carolina Commissioner of Banks (money transmitters and, from 2027, kiosk operators); Secretary of State Securities Division (securities)
• Governor: Josh Stein (signed the 2026 kiosk law)
• Legislature: 2025–2026 biennium ("Session 2025"); bills not enacted die when the biennium ends (December 2026).
• Saved primary sources: sources/states/nc/ (see sources/states/nc/INDEX.md)

At a glance

1. Money-transmitter licensing of virtual currency

G.S. Chapter 53, Article 16B — "North Carolina Money Transmitters Act" (S.L. 2016-81, amended 2017-102 and 2018-23). Full current article saved: sources/states/nc/nc-gs-53-article-16b-money-transmitters-act.pdf. [S1]

• § 53-208.42(12) "Monetary value" — "A medium of exchange, whether or not redeemable in money."
• § 53-208.42(13) "Money transmission" — includes "receiving money or monetary value for transmission or holding funds incidental to transmission … by any and all means … This includes maintaining control of virtual currency on behalf of others."
• § 53-208.42(20) "Virtual currency" — "A digital representation of value that can be digitally traded and functions as a medium of exchange, a unit of account, or a store of value but only to the extent defined as stored value under subdivision (19) …, but does not have legal tender status as recognized by the United States Government."
• Licensees may count virtual currency as a permissible investment only to the extent of outstanding transmission obligations in like-kind virtual currency; licensees report aggregate virtual-currency obligations and holdings, "including virtual currency stored offline"; the Commissioner may require extra bonding for cybersecurity risks of virtual-currency transmission. [S1]
• The agent-of-payee exemption expressly extends to transactions "conducted in whole or in part in virtual currency." [S1]
• CSBS does not list North Carolina as an MTMA state. [S5]

2. Virtual-currency-specific statutes

3. Crypto ATM / kiosk law

S.L. 2026-45 / HB 920 — "Virtual Currency Kiosk Consumer Protection Act," new G.S. Chapter 53, Article 26 (§§ 53-441 to 53-462). Primary sponsors Reps. N. Jackson, Ross, Biggs. House passed 115-0 (2026-06-09); Senate substitute passed 49-0 (2026-06-30); House concurred 115-0 (2026-07-01); ratified 2026-07-02; signed by Gov. Stein 2026-07-07; session law 2026-07-08. Effective 2027-01-01; the Commissioner must adopt a fraud-determination procedure and rules by 2027-01-01. Full session law saved. [S2][S3]

• Licence: any kiosk operator that owns, operates, markets or facilitates kiosks in North Carolina "is deemed to be engaged in money transmission and requires licensure under Article 16B" (§ 53-456).
• Daily limits across the operator's kiosks: $2,000 for a new customer (first transaction within 30 days); $5,000 for an existing customer (§ 53-457(a)).
• Refunds (§ 53-457(b)): a new customer gets the full amount back, and an existing customer gets fees back, if the fraud is reported to the Commissioner within 30 days and the Commissioner determines the transaction was fraudulent.
• Cancellation before completion with full refund (§ 53-457(c)).
• Fee cap: all fees and charges including the spread may not exceed 12% (§ 53-457(d)).
• 48-hour hold on every transaction by a customer whose first transaction was within the past seven days; no early release (§ 53-458).
• Fraud warnings and a screening question ("Does this fraud warning apply to you…?"), detailed receipts, live customer service whenever kiosks are open, a compliance officer, quarterly kiosk-location reports. [S3]
• Enforcement: violations are unfair trade practices under G.S. 75-1.1; civil penalties up to $1,000 (first) and $5,000 (subsequent) (§ 53-459). Facilitating or inducing a fraudulent kiosk transaction is a Class 1 misdemeanor (mere operation is not) (§ 53-460).
• Local control: cities and counties may zone kiosks, set conditions, or prohibit kiosks in all or part of their jurisdiction (§ 53-461). [S3]
• News context: North Carolinians lost over $12 million to kiosk fraud before the law (WRAL/News & Observer syndication). [N1]

4. Tax treatment

• North Carolina's individual income tax starts from federal adjusted gross income, so federal property treatment of Bitcoin would carry through (general knowledge; unverified). No NC Department of Revenue guidance on virtual currency was found (gap).

5. Notable enforcement

• North Carolina is named among the regulators in the October 2026 multistate Coinme consent order (Coinme to close kiosks and pay $2.5 million in penalties and costs), according to Washington DFI. [N2]
• No other North Carolina-specific crypto action was located in this check (gap).

6. Pending bills (2025–2026 biennium)

All die when the biennium ends in December 2026 unless enacted. [S8]

7. Contested and fringe claims (flagged, not endorsed)

• Kiosk law "concessions to industry." A news headline described the House version as moving "with concessions to industry" (e.g., a 12% fee cap vs. lower caps sought by advocates). [N3] Characterization; details not read.
• State Bitcoin investment. House Speaker Destin Hall backed HB 92; House Democrats objected to using public funds for crypto (news headline: "NC House passes state cryptocurrency investment bill over Democrats' objections"). [N4] Political dispute.
• CBDC fears. HB 690's supporters cite surveillance concerns about a US CBDC; Gov. Cooper vetoed it, and no US CBDC exists. [S4] Pre-emptive measure; the threat it addresses is speculative.

Sources

Saved full copies are in sources/states/nc/.

• [S1] NC General Assembly, G.S. Chapter 53, Article 16B (Money Transmitters Act), current. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_53/Article_16B.pdf — retrieved 2026-10-09 — saved nc-gs-53-article-16b-money-transmitters-act.pdf
• [S2] NC General Assembly, HB 920 (2025 session) bill lookup — history through S.L. 2026-45. https://www.ncleg.gov/BillLookUp/2025/H920 — read 2026-10-09
• [S3] NC General Assembly, Session Law 2026-45 (HB 920). https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2025-2026/SL2026-45.pdf — saved nc-sl2026-45-vc-kiosk-consumer-protection-act.pdf
• [S4] NC General Assembly, HB 690 (2023 session) / S.L. 2024-48 bill lookup. https://www.ncleg.gov/BillLookUp/2023/H690 — read 2026-10-09
• [S5] CSBS, MTMA State Enactments (PDF dated 2026-10-08). https://www.csbs.org/sites/default/files/external-link-files/10.8.26%20MTMA%20State%20Enactments.pdf
• [S6] NC General Assembly, HB 92 (2025) bill lookup. https://www.ncleg.gov/BillLookUp/2025/H92 — read 2026-10-09
• [S7] NC General Assembly, SB 327 (2025) bill lookup. https://www.ncleg.gov/BillLookUp/2025/S327 — read 2026-10-09
• [S8] NCSL, 2025 and 2026 cryptocurrency legislation pages. https://www.ncsl.org/financial-services/cryptocurrency-digital-or-virtual-currency-and-digital-assets-2026-legislation — read 2026-10-09
• [N1] Yahoo News, "Stein approves 17 laws for North Carolina, including regulations on crypto ATMs," 2026-07-10. https://www.yahoo.com/news/politics/articles/stein-approves-17-laws-north-172146877.html — summary only
• [N2] Washington DFI press release, 2026-10-08, Coinme multistate consent order. https://dfi.wa.gov/news/press/washington-state-dfi-enters-multi-state-consent-order-coinme-inc
• [N3] Yahoo Finance, "Crypto ATM regulations move quickly through NC House with concessions to industry" (headline only). https://finance.yahoo.com/markets/crypto/articles/crypto-atm-regulations-move-forward-164559373.html
• [N4] Yahoo Finance, "NC House passes state cryptocurrency investment bill over Democrats' objections" (headline only). https://finance.yahoo.com/news/nc-house-passes-state-cryptocurrency-110000508.html