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ARTICLE · 14 SEPTEMBER 2018

Blockchain Legal Resource: New York DFS Authorizes Two Stablecoins

Gemini is controlled by the Winklevoss brothers, whose application for a Bitcoin ETF was recently denied by the SEC.

United StatesTechnology

On September 10, 2018, the New York Department of Financial Services ("DFS") authorized Gemini Trust Company and Paxos Trust Company to each offer a price-stable cryptocurrency, also known as a stablecoin, pegged to the U.S. dollar. Both Gemini and Paxos hold limited purpose trust company charters under the New York Banking Law and are authorized to offer services for buying, selling, sending, receiving and storing virtual currency. Gemini is controlled by the Winklevoss brothers, whose application for a Bitcoin ETF was recently denied by the SEC.

The DFS's press release announcing approval of the new virtual currency products described a lengthy series of operating conditions intended to protect consumers, the violation of which could lead to regulatory sanctions including charter forfeiture. Both Gemini and Paxos are required to:

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