Delaware (DE): Bitcoin and virtual-currency law
Document text
Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.
Delaware (DE): Bitcoin and virtual-currency law
| Field | Value |
|---|---|
| Jurisdiction | US state: Delaware |
| Date checked | 2026-10-09 |
| Main regulator | Office of the State Bank Commissioner (OSBC) |
| Money-transmitter law today | 5 Del. C. ch. 23 ("Sale of Checks and Transmission of Money"), being replaced |
| New law | SB 18 (w/ SA 1 + HA 2), "Delaware Money Transmission and Virtual Currency Modernization Act", signed 2026-07-06 (the bill page says "Signed 7/6/26"; the legislature's list API dates the status 2026-07-07). It repeals and replaces ch. 23 and is to be implemented on the earlier of one year after enactment (about 2027-07-06) or the Commissioner's notice that final regulations are in place. CSBS lists it as Full MTMA with the Virtual Currency Title (CSBS). |
| UMSA? / URVCBA? | No / No. The new virtual-currency subchapter (§ 2333 et seq.) uses URVCBA-style definitions, such as "control" meaning the power "to execute unilaterally, or prevent indefinitely, a virtual currency transaction" (our comparison). |
| Crypto ATM / kiosk law | None enacted. HB 441 (2026) would have banned crypto kiosks. It passed the House but died in Senate committee when the 153rd General Assembly ended on 2026-06-30. |
Summary
In July 2026 Delaware enacted a package of digital-asset laws, all signed 2026-07-06:
- SB 18: a new money-transmission law that expressly covers virtual currency.
- SS 2 for SB 19: the Delaware Payment Stablecoin Act.
- SS 1 for SB 16: the Delaware Banking Modernization Act of 2026.
In September 2026 it added virtual currency to the criminal money-laundering definition (HB 465, signed 2026-09-14), which lets the state return seized crypto to victims.
A total kiosk ban (HB 441, Rep. Cyndie Romer) passed the House but died in Senate committee. The legislature also created a Blockchain and Digital Innovation Task Force (SCR 143). Delaware has no sales tax.
1. Money-transmitter licensing and virtual currency
- Current law: 5 Del. C. ch. 23. Unverified whether the OSBC currently requires a licence for virtual-currency-only transmission; we found no OSBC guidance in this pass.
- SB 18 (2026), now law (bill page; text saved):
- "Section 1. Chapter 23, Title 5 of the Delaware Code is hereby repealed in its entirety." It is replaced by the "Delaware Money Transmission and Virtual Currency Modernization Act".
- It uses NMLS, sets tiered net worth and scaled bonds, standardizes receipts "for both fiat and virtual currency transactions", and provides "a 10-day refund window for certain transmissions" (synopsis).
- Subchapter VIII, "Virtual Currency" (§ 2333 et seq.) defines "control" and regulates virtual-currency business.
- Implementation: "This Act is effective immediately and is to be implemented the earlier of ... (1) One year from the date of the Act's enactment. (2) Notice by the State Banking Commissioner published in the Register of Regulations that final regulations ... have been promulgated" (Section 3).
- The saved text is the bill as introduced. The enacted version includes Senate Amendment 1 and House Amendment 2 (HA 1 was stricken), which we did not retrieve.
2. Virtual-currency-specific statutes and guidance
| Bill | Subject | Status | Source |
|---|---|---|---|
| SB 18 w/ SA 1 + HA 2 | Money Transmission and Virtual Currency Modernization Act | Signed 2026-07-06 | bill page |
| SS 2 for SB 19 w/ HA 2, Sen. Mantzavinos | Delaware Payment Stablecoin Act (a state regime under the GENIUS Act) | Signed 2026-07-06 | bill page |
| SS 1 for SB 16 w/ SA 1 | Delaware Banking Modernization Act of 2026 | Signed (status dated 2026-07-07) | legis.delaware.gov API |
| HB 465, Rep. Romer and Sen. Townsend | Adds "virtual currency" to the Criminal Code's money-laundering definition (11 Del. C. § 222). Lets the State try to return virtual currency to victims; otherwise disposal by Superior Court order. | Signed 2026-09-14 | bill page; text saved |
| SB 143 (2025) | Fiduciary relations; digital assets; minors | Signed 2025-09-22 | legis.delaware.gov API |
| SCR 143 (2026) | Establish the Blockchain and Digital Innovation Task Force | Passed 2026-04-14 | legis.delaware.gov API |
| 2017 amendments to the Delaware General Corporation Law ("Delaware Blockchain Initiative") | Let corporations keep stock ledgers on distributed ledgers | Enacted 2017 (from memory; not retrieved, unverified) |
3. Crypto ATM / kiosk law
- No kiosk statute in force. AARP's map has a blank row for Delaware (AARP data).
- HB 441 (2026), Rep. Cyndie Romer and Sen. Spiros Mantzavinos: total ban. The bill would have:
- created 6 Del. C. ch. 71 ("Cryptocurrency Kiosks");
- prohibited owning, installing or operating a kiosk, with removal within 90 days;
- barred "cashier-assisted or point-of-sale" substitutes;
- extended liability to property owners;
- set a civil penalty of up to $10,000 and a private right of action.
- Status: introduced 2026-05-21; passed the House; referred to Senate Banking, Business, Insurance & Technology on 2026-06-11. Dead when the 153rd General Assembly adjourned on 2026-06-30 (bill page; text saved).
- What supporters said (Cointelegraph; Yahoo):
- Rep. Romer: kiosks "reduce digital currency to a predatory cash grab"; kiosk fees can be "upwards of 20%" against "0.4% to 1%" on online exchanges.
- Attorney General Kathy Jennings: kiosks are "tailor-made to defraud consumers" and "obsolete for legitimate investors."
4. Tax treatment
- Delaware has no sales tax. Its personal income tax starts from federal AGI, so bitcoin gains are taxed as income (DOR crypto guidance not retrieved; unverified).
5. Notable enforcement
- None retrieved for Delaware specifically (gap).
- The new HB 465 gives prosecutors a tool to return seized virtual currency to victims.
6. Bills, 153rd General Assembly (2025–2026)
All rows above come from the General Assembly's legislation API (legis.delaware.gov/json/AllLegislation/GetAllLegislation). We downloaded all 1,962 items for the 153rd General Assembly on 2026-10-09 and filtered them for crypto terms.
Pending: none. The 153rd General Assembly has ended and the 154th convenes in January 2027.
7. Contested and fringe claims
- Ban versus regulation of kiosks. Delaware's ban bill, like New Jersey's, rests on the claim that kiosks have no legitimate use that justifies the fraud. Kiosk operators (CoinFlip, Bitcoin Depot) say kiosks serve cash users and that the scams originate elsewhere. Both sides are summarised on crypto.news.
- Delaware as a "crypto incorporation hub." The 2017 DGCL blockchain amendments are often cited as a model. Whether they produced actual use is unverified.
Saved sources (sources/states/de/)
See sources/states/de/INDEX.md.
Gaps
- The enacted text of SB 18 with its amendments, and SB 19 and SB 16 texts (only a fiscal note was retrieved for SB 19).
- OSBC guidance on virtual-currency licensing under the current ch. 23.
- Any Delaware kiosk enforcement.