Post
Topic
Board Legal
Re: FinCEN's definition of a Money Exchanger
by
dwolfman
on 16/06/2013, 01:15:28 UTC

No please don't add misinformation.

FinCEN has definitively and clearly indicated that an entity which exchanges virtual currency for real currency is NOT a "(1) Currency dealer or exchanger"; they are a "(5) Money transmitter".  All of it is laid out in the cite above.   Please don't try to apply common sense to the law.   While you may "think" it would "make sense" for an exchanger to be under category 1 you would be wrong.  It is one thing to be wrong, it is another thing to spread misinformation.  

You're actually completely wrong. See the recent FinCEN guidance pdf: http://www.fincen.gov/statutes_regs/guidance/pdf/FIN-2013-G001.pdf

Note on page 2, under the heading "Definitions of User, Exchanger,and Administrator" it says: "An exchanger is a person engaged as a business in the exchange of virtual currency for real currency, funds, or other virtual currency".

Hmm, so if you are just mining on the side, like I've been doing, no need to register?  Sounds good, but I think I'd hold off and see what the layers in here say about it.