Crypto Law Profile

Louisiana Virtual Currency Businesses Act

Louisiana’s VCBA requires OFI licensing for covered virtual-currency business activity with Louisiana residents and adds custody, disclosure, examination, enforcement and crypto-kiosk safeguards.

Louisiana, U.S. Effective Financial services regulation Aug 1, 2020

At a glance

Status In force; Act 482 amendments take effect Aug. 1, 2026.
Regulator Louisiana OFI administers VCBA licensing and supervision.
License trigger Applies to in-scope VC business activity with Louisiana residents.
Kiosks Kiosk operators are subject to VCBA and special fraud-prevention rules.

Bill details

Bill number
HB 701
Session
2020 Regular Session
Chamber
House
Legislative stage
Enacted

Action

Last action
Signed by the Governor as Act 341; effective Aug. 1, 2020. Later amended by Acts 331/2023, 369/2025, and 482/2026.
Last action date
Jun 13, 2020

Sponsor

Primary sponsor
Rep. Mark Wright
Sponsor party
Unknown

Source

Source provider
State legislature
Source ID
LA HB701 / Act 341 (2020)
State legislature
Official bill page

Overview

Louisiana’s Virtual Currency Businesses Act is the state’s licensing and conduct framework for covered virtual-currency business activity with or on behalf of Louisiana residents. The statute was enacted as Act No. 341, based on House Bill 701 from the 2020 Regular Session, signed by the governor on June 13, 2020, and effective Aug. 1, 2020. It is codified in Chapter 21 of Title 6 of the Louisiana Revised Statutes, beginning at La. R.S. 6:1381, which gives the chapter its short title.

The Louisiana Office of Financial Institutions, or OFI, administers the regime. OFI states that it began accepting initial license applications through the Nationwide Multistate Licensing System on Jan. 1, 2023, and that after July 1, 2023, persons could no longer engage in virtual-currency business activity in Louisiana without a license. This profile treats the act as in force as of June 5, 2026, while also flagging Act No. 482 of 2026 as a signed, future-effective amendment scheduled for Aug. 1, 2026.

Key provisions of Louisiana’s Virtual Currency Businesses Act

The act defines “virtual currency” as a digital representation of value used as a medium of exchange, unit of account, or store of value, while excluding legal tender, merchant rewards, and closed-loop online game value. “Virtual currency business activity” includes exchanging, transferring, storing, or administering virtual currency, as well as certain electronic precious metals and online-game-value exchange services. Current statutory text excludes mining, non-fungible-token minting, and blockchain activity that does not involve exchange, holding, sale, storage, or transfer of virtual currency to, for, or on behalf of Louisiana residents.

The statute applies to a person “wherever located” that engages in covered activity with or on behalf of a Louisiana resident, unless an exemption applies. Current exemptions include governmental entities, regulated financial institutions, certain payment processors, software and data-security providers, personal or academic use, and several fiduciary or regulated-market contexts.

  • Licensing trigger: covered persons must be licensed by OFI unless exempt.
  • Resident nexus: the statute focuses on activity with or on behalf of Louisiana residents.
  • Regulatory channel: license applications and renewals are handled through NMLS.

Licensing, capital and resident asset safeguards

Current Louisiana law requires license applicants to submit information through NMLS, including business plans, senior-person and control-person information, business history, products and services, expected transaction volume, kiosk locations, financial statements, insurance, surety bond evidence, tangible net worth evidence, and evidence of federal money-services-business registration where required. OFI may investigate the applicant’s financial condition, business experience, character, and general fitness before issuing a license.

The act also sets a capital and bonding layer. Licensees must maintain a surety bond, beginning at $100,000 and scaling with Louisiana virtual-currency business volume, with OFI authority to require a bond up to $7 million. Licensees must also maintain tangible net worth of at least $100,000 or a statutory volume-based amount.

For custody, the statute requires a licensee holding virtual currency for a resident to hold the same type and amount of virtual currency owed to that resident. It also restricts selling, transferring, assigning, lending, hypothecating, pledging, using, or encumbering resident assets except under the resident’s direction, and limits commingling or proprietary use that would prevent resident withdrawal.

Disclosures, examinations and enforcement

The act requires separate, clear and conspicuous disclosures for exchange, transfer, and storage activity. Required risk disclosures include that virtual currency is not legal tender, is not protected by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation, may be affected by regulatory change, and may involve irreversible transactions, fraud risk, accidental loss, blockchain timing risk, and total loss of value. Transaction disclosures and receipts must also address fees, exchange rates, refund policies, timing, and reversibility.

Enforcement authority includes license suspension or revocation, cease-and-desist orders, receivership, injunctions, civil penalties, security recovery, and conditions on regulated activity. The original act also identified violation grounds including material statutory violations, noncooperation with OFI, unsafe or unsound practices, unfair or deceptive practices, fraud, misappropriation, insolvency, and material misrepresentation.

Virtual currency kiosks and recent amendments

Louisiana’s kiosk rules were significantly expanded by Act No. 369 of 2025. That act makes persons who own, operate, solicit, market, advertise, or facilitate virtual-currency kiosks in Louisiana subject to the VCBA, including licensure. It also adds a $3,000 daily transaction limit, a 72-hour hold or cancellation-and-refund option, customer warning language, blockchain analytics requirements, anti-fraud policies, and enhanced due diligence policies for at-risk customers.

Act No. 482 of 2026 was signed on May 29, 2026, with an effective date of Aug. 1, 2026. Legislative tracking materials identify it as a further amendment to the VCBA’s kiosk refund, disclosure, and reporting framework. Editors should review the codified Louisiana Revised Statutes after Aug. 1, 2026 before treating those provisions as fully integrated into the current statutory text.

Key provisions

Virtual currency business activity

Defines covered activity to include exchange, transfer, storage, administration, electronic precious metals and certain online-game value exchanges.

Regulatory perimeter Aug 1, 2020 Source

OFI licensing requirement

Bars covered persons from engaging in VC business activity with Louisiana residents unless licensed by OFI or exempt.

Licensing Aug 1, 2020 Source

NMLS application and fitness review

Requires NMLS filings, business and financial disclosures, control-person information, fees, bond evidence, net worth evidence and OFI fitness review.

Licensing Jun 13, 2023 Source

Bond and tangible net worth

Requires at least a $100,000 surety bond and statutory tangible net worth, with OFI authority to require higher amounts based on risk and volume.

Capital Jun 13, 2023 Source

Resident asset protection

Requires licensees holding resident VC to hold the same type and amount and limits use, encumbrance and commingling of resident assets.

Custody Jun 13, 2023 Source

Risk disclosures and receipts

Requires clear disclosures of material VC risks, transaction terms, fees, exchange rates, refund policies, timing and reversibility.

Consumer protection Jun 13, 2023 Source

Virtual currency kiosk safeguards

Act 369 subjects kiosk activity to VCBA and adds a $3,000 daily limit, 72-hour hold/cancel/refund option, warning, analytics and anti-fraud policies.

Consumer protection Aug 1, 2025 Source

OFI examinations and enforcement

Authorizes examinations, cease-and-desist orders, license suspension or revocation, receivership, injunctions, penalties and conditions.

Enforcement Aug 1, 2020 Source

Timeline

  1. HB 701 prefiled

    Original VCBA bill was prefiled in the Louisiana House.

    Introduced Source
  2. HB 701 signed as Act 341

    Governor signed HB 701; legislature records Act 341 and Aug. 1, 2020 effective date.

    Adopted Source
  3. VCBA effective

    Act 341 took effect as Louisiana’s virtual-currency business licensing statute.

    In force Source
  4. NMLS applications opened

    OFI began accepting initial VCBA license applications through NMLS.

    Effective Source
  5. Act 331 amendments signed

    SB 185/Act 331 revised definitions, NMLS, capital, asset-protection, reporting, disclosure and enforcement provisions.

    Adopted Source
  6. Unlicensed activity deadline

    OFI says persons could no longer engage in VC business activity in Louisiana without a license after this date.

    Effective Source
  7. Act 369 kiosk safeguards signed

    HB 483/Act 369 added kiosk-specific licensure, transaction, refund, disclosure, blockchain analytics and fraud controls.

    Adopted Source
  8. Act 369 effective

    Kiosk safeguards including the $3,000 daily limit and 72-hour hold/cancel/refund option took effect.

    In force Source
  9. Act 482 signed

    SB 287 became Act 482, with further kiosk refund, disclosure and reporting amendments effective Aug. 1, 2026.

    Adopted Source

Who it affects

Actors

Louisiana Governor, Louisiana Legislature, Louisiana Office of Financial Institutions, Nationwide Multistate Licensing System

Asset classes

Cryptocurrency, Electronic precious metals, Virtual currency

Official sources

Editorial note

This profile covers La. R.S. 6:1381 et seq. as enacted by Act 341 of 2020 and amended through Act 369 of 2025, with Act 482 of 2026 flagged as a signed, future-effective kiosk amendment.