How Nevada treats virtual currency under money transmission law
NRS Chapter 671 requires a person to hold a money transmission license, or act as an authorized delegate of a licensee, before engaging in or holding out as providing money transmission in Nevada. The licensing trigger applies regardless of whether the activity is conducted through a physical office, kiosk, internet platform, mobile device, telecommunications system, or other networked means.
The statute defines money transmission around three core activities: selling or issuing payment instruments to a person located in Nevada, selling or issuing stored value to a person located in Nevada, and receiving money or credits for transmission from a person located in Nevada. Chapter 671 also defines monetary value as a medium of exchange, whether or not redeemable in money, and defines stored value as monetary value evidenced by an electronic or digital record.
For crypto activity, the Nevada Financial Institutions Division has historically framed coverage as fact-specific. Its 2014 virtual-currency guidance warned that companies offering to exchange, administer, or maintain virtual currencies may be subject to state and federal regulation. A later FID cryptocurrency statement directed entities that facilitate transmission of, or hold, fiat or digital currency through brick-and-mortar, kiosk, mobile, internet, or other channels to seek a licensure determination. The same statement indicated that a digital custodian may be reviewed under Nevada trust-company law.