Sec. 10. Definitions.
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/il/chapter-205/act-732/10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 10. Definitions. As used in this Act:
"Affiliate" means any person that controls, is controlled by, or is under common control with another person. As used in this paragraph, "control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person.
"Applicant" means a person that applies for registration under this Act.
"Bank" means a bank, savings bank, savings-and-loan association, savings association, or industrial loan company chartered under the laws of this State or any other state or under the laws of the United States.
"Blockchain analytics" means the analysis of data from blockchains or public distributed ledgers, including associated transaction information.
"Blockchain analytics software" means a software service that uses blockchain analytics data to provide risk-specific information about digital asset wallet addresses, among other things.
"Charges" means:
(i)fees or expenses paid by the customer; and
(ii)the difference between the market price of the digital asset and the price of the digital asset charged to the customer.
"Confidential supervisory information" means information or documents obtained by employees, agents, or representatives of the Department in the course of any examination, investigation, audit, visit, registration, certification, review, licensing, or any other regulatory or supervisory activity pursuant to this Act, and any record prepared or obtained by the Department to the extent that the record summarizes or contains information derived from any report, document, or record described in this Act.
"Credit union" means a credit union chartered under the laws of this State or any other state or under the laws of the United States.
"Department" means the Department of Financial and Professional Regulation.
"Digital asset" means a digital representation of value that is used as a medium of exchange, unit of account, or store of value and that is not fiat currency, whether or not denominated in fiat currency. "Digital asset" does not include any of the following:
(i)a digital representation of value which a merchant grants, as part of an affinity or rewards program, and that cannot be taken from or exchanged with the merchant for fiat currency or a digital asset;
(ii)a digital representation of value that is issued by or on behalf of a game publisher, used solely within a gaming platform, has no market or application outside of such gaming platform, and cannot be converted into, or redeemed for, fiat currency or digital assets; or
(iii)a digital representation of value that is used as part of prepaid cards.
"Digital asset exchange" means an exchange that facilitates the buying, selling, or exchanging of digital assets for fiat currency or other digital assets that is licensed to conduct business in New York as a Virtual Currency Business Activity licensee or in California under the Digital Financial Assets Law.
"Digital asset kiosk" means an automated teller machine that facilitates the buying, selling, or exchanging of digital assets for fiat currency or other digital assets.
"Digital asset kiosk operator" means a registrant or a person required to register pursuant to this Act.
"Existing customer" means a person who transacts with the operator following the new customer period. For the avoidance of doubt, "existing customer" includes any customer that is not a new customer.
"Federally insured depository institution" shall mean an insured depository institution as defined by Section 3(c)(2) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(c)(2), as amended, or an insured credit union as defined by Section 101(7) of the Federal Credit Union Act, 12 U.S.C. 1752(7), as amended.
"Fiat currency" means a medium of exchange or unit of value issued by the United States or a foreign government and that is designated as legal tender in its country of issuance.
"Insolvent" means any of the following:
(i)having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute,
(ii)being unable to pay debts as they become due, and
(iii)being insolvent within the meaning of federal bankruptcy law.
"Market price of the digital asset" means the current market price of a particular digital asset publicly quoted on a digital asset exchange for a particular time, subject to any rules adopted by the Department.
"New customer" means a person who has never previously transacted with the operator. The new customer shall remain defined as such during the earlier of:
(i)the customer's first 3 transactions after opening an account with the operator, or
(ii)7 days after opening an account with the operator.
"Operator" means a person who owns, operates, or manages a digital asset kiosk located in this State.
"Person" means, without limitation, any individual, corporation, business trust, estate, trust, partnership, proprietorship, syndicate, limited liability company, association, joint venture, government, governmental subsection, agency or instrumentality, public corporation or joint-stock company, or any other organization or legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Registrant" means a person registered under this Act.
"Request for assistance" means all inquiries, complaints, account disputes, and requests for documentation a digital asset kiosk operator receives from residents.
"Responsible individual" means an individual who has direct control over, or significant management, policy, or decision-making authority with respect to, a person's digital asset kiosk business activity in this State.
"Secretary" means the Secretary of Financial and Professional Regulation and any authorized representative of the Secretary.
"Service provider" means any person that provides a material service to a digital asset kiosk operator in connection with the offering or provision by that operator of a digital asset business activity in this State, including a person that either
(i)participates in designing, operating, or maintaining the digital asset business activity, or
(ii)processes transactions relating to a digital asset kiosk transaction then unknowingly or incidentally transmitting or processing financial data in a manner that the data is undifferentiated from other types of data of the same form as the person transmits or processes.
"Tangible net worth" means the aggregate assets of a registrant, excluding all intangible assets, less liabilities, as determined in accordance with the United States' generally accepted accounting principles.