2026 -- H 7413 | |
======== | |
LC004333 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND ECONOMIC | |
GROWTH BLOCKCHAIN ACT | |
| |
Introduced By: Representative David J. Place | |
Date Introduced: January 30, 2026 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. |
2 | The general assembly finds and declares: |
3 | (1) It is declared to be the policy of the state to promote a vigorous and growing economy, |
4 | to prevent economic stagnation, and to encourage the creation of new job opportunities in order to |
5 | ameliorate the hazards of unemployment and underemployment, reduce the level of public |
6 | assistance, increase revenues to the state and its municipalities, and to achieve a stable diversified |
7 | economy. |
8 | (2) The State of Rhode Island understands that to compete in the twenty-first century |
9 | economy, Rhode Island must offer one of the best business environments in the United States for |
10 | blockchain and technology innovators, and should offer a comprehensive regulatory technology |
11 | sandbox for these innovators to develop the next generation of digital products and services in |
12 | Rhode Island. |
13 | (3) Building a more robust public-private partnership framework is mandatory for |
14 | economic success. |
15 | (4) The State of Rhode Island understands that further developing technology industries |
16 | within a robust public-private partnership brings better efficiency, trust, and accountability between |
17 | Rhode Island state government, businesses, and residents. |
18 | (5) The state understands a public-private partnership developing an immutable |
| |
1 | interagency-industry-operability blockchain filing system is vital and redevelopment investment in |
2 | opportunity zones that shall install, maintain, and organize within the system of blockchain records |
3 | throughout the state is advantageous. |
4 | (6) Financial and health technology is undergoing a transformational period in which new |
5 | technologies are providing greater automation, connectivity and transparency for provenance of |
6 | products and services: |
7 | (i) Existing legal frameworks are restricting technology innovation because these |
8 | frameworks were largely established at a time when technology was not a fundamental component |
9 | of products and services; |
10 | (ii) Technology innovators require a supervised, flexible regulatory sandbox to test new |
11 | products and services using waivers of specified statutes and rules under defined conditions; |
12 | (iii) Jurisdictions which establish regulatory sandboxes are more likely to provide a |
13 | welcoming business environment for technology innovators and may experience significant |
14 | business growth; |
15 | (iv) Other jurisdictions have enacted, or are considering, regulatory sandboxes for financial |
16 | technology innovators in their jurisdictions; |
17 | (7)(i) The rapid innovation of blockchain technology including the growing use of virtual |
18 | currency and other digital assets has resulted in many blockchain innovators being unable to access |
19 | secure and reliable banking services thereby hampering development of blockchain services and |
20 | products in the marketplace; |
21 | (ii) Federally insured financial institutions are not generally permitted to manage accounts |
22 | in virtual currency or hold other digital assets; |
23 | (iii) Blockchain innovators have greater compliance challenges with federal customer |
24 | identification, anti-money laundering and beneficial ownership requirements because of the |
25 | complex nature of these obligations and the unfamiliarity of regulators with blockchain innovators' |
26 | businesses; |
27 | (iv) These intricate obligations have resulted in many financial institutions in Rhode Island |
28 | and across the United States refusing to provide banking services to blockchain innovators and also |
29 | refusing to accept deposits in United States currency obtained from the sale of virtual currency or |
30 | other digital assets; |
31 | (v) Compliance with applicable federal and state laws is critical to ensuring the future |
32 | growth and reputation of the blockchain and technology industries as a whole; |
33 | (vi) Most financial institutions today do not have the requisite expertise or familiarity with |
34 | the challenges facing blockchain innovators which is required to provide secure and reliable |
| LC004333 - Page 2 of 28 |
1 | banking services to these innovators; |
2 | (vii) A new type of Rhode Island financial payments and depository institution that has |
3 | expertise with customer identification, anti-money laundering and beneficial ownership |
4 | requirements could seamlessly integrate these requirements into its operating model; and |
5 | (viii) Authorizing special purpose depository institutions to be chartered in Rhode Island |
6 | will provide a necessary and valuable service to blockchain innovators, emphasize Rhode Island's |
7 | partnership with the technology and financial industry and safely grow this state's developing |
8 | financial sector. |
9 | SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
10 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
11 | CHAPTER 64.35 |
12 | RHODE ISLAND ECONOMIC GROWTH BLOCKCHAIN ACT |
13 | 42-64.35-1. Short title. |
14 | This chapter shall be known and may be cited as the "Rhode Island Economic Growth |
15 | Blockchain Act." |
16 | 42-64.35-2. Definitions. |
17 | As used in this chapter, the following words and phrases shall have the following meanings, |
18 | unless the context otherwise requires: |
19 | (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, |
20 | administrative body of the state, or any political subdivision thereof: including, but not limited to, |
21 | any department, division, agency, commission, board, office, bureau, authority, any school, fire, or |
22 | water district, or other agency or quasi-public agency of Rhode Island state or local government |
23 | which exercises governmental functions or any other public or private agency, person, partnership, |
24 | corporation, or business entity acting on behalf of any public agency. |
25 | (2) "Bank" means any corporation, excluding national banks, having a place of business |
26 | within this state which engages in banking business, and includes a special purpose depository |
27 | institution, subject to the limitations set forth in § 42-64.35-5. |
28 | (3) "Batch" means a specific quantity of real or digital product that is part of a regulated |
29 | industry, such as hemp or vital records. |
30 | (4) "Blockchain" means a digital ledger or database which is chronological, consensus- |
31 | based, decentralized and mathematically verified in nature. |
32 | (5) "Bureau" means an office or department in charge of administering any agency or bank |
33 | regulated by the provisions of this chapter. |
34 | (6) "Custodial services" means the safekeeping and management of customer currency and |
| LC004333 - Page 3 of 28 |
1 | digital assets through the exercise of fiduciary and trust powers under this chapter as a custodian, |
2 | and includes fund administration and the execution of customer instructions. |
3 | (7) "Database" means a set of data held on a secured computer software program or |
4 | encrypted electronic storage system providing an immutable distributed ledger of records. |
5 | (8) "Department" means the department of business regulation, division of banking. |
6 | (9) "Developer" means the person primarily responsible for creating an open blockchain |
7 | token or otherwise designing the token, including by executing the technological processes |
8 | necessary to create the token; |
9 | (10) "Digital asset" means a representation of economic, proprietary or access rights that |
10 | is stored in a computer readable format, and includes digital consumer assets, digital securities and |
11 | virtual currency; |
12 | (11) "Digital consumer asset" means a digital asset that is used or bought primarily for |
13 | consumptive, personal or household purposes and includes: |
14 | (i) An open blockchain token constituting intangible personal property as otherwise |
15 | provided by law; and |
16 | (ii) Any other digital asset which does not fall within the scope of this chapter. |
17 | (12) "Exchange," used as a verb, means to assume control of virtual currency from or on |
18 | behalf of a resident, at least momentarily, to sell, trade, or convert: |
19 | (i) Virtual currency for legal tender, bank credit, or one or more forms of virtual currency; |
20 | or |
21 | (ii) Legal tender or bank credit for one or more forms of virtual currency. |
22 | (13) "Facilitator" means a person who, as a business, makes open blockchain tokens under |
23 | this chapter available for resale to the public after a token has been purchased by an initial buyer. |
24 | (14) "Fees" means charge(s) imposed by the private entity of a qualifying project for use |
25 | of all or a portion of such qualifying project pursuant to a comprehensive agreement; |
26 | (15) "Financial investment" means a contract, transaction or arrangement where a person |
27 | invests money in a common enterprise and is led to expect profits solely from the efforts of a |
28 | promoter or a third party. |
29 | (16) "Financial product or service" means a product or service related to finance, including |
30 | banking, securities, consumer credit or money transmission, which is subject to statutory or rule |
31 | requirements identified in title 19 and is under the jurisdiction of the superintendent. |
32 | (17) "Financial technology sandbox" means the program created by this chapter which |
33 | allows a person to make an innovative financial product or service available to consumers during a |
34 | sandbox period through a waiver of existing statutory and rule requirements, or portions thereof, |
| LC004333 - Page 4 of 28 |
1 | by the superintendent. |
2 | (18) "Innovative" means new or emerging technology, or new uses of existing technology, |
3 | that provides a product, service, business model or delivery mechanism to the public and has no |
4 | substantially comparable, widely available analogue in Rhode Island including blockchain |
5 | technology. |
6 | (19) "Issuer" means a person that issues or proposes to issue a security |
7 | (20) "Legal tender" means a medium of exchange or unit of value, including the coin or |
8 | paper money of the United States, issued by the United States or by another government. |
9 | (21) "License'' means a state license issued under this chapter, and includes both a |
10 | cultivation license and a medicinal use license, as well as a testing laboratory license. |
11 | (22) "Licensee" means any person holding a license under this chapter, regardless of the |
12 | license held, and includes the holder of a testing laboratory license. |
13 | (23) "Licensing authority" means the state agency responsible for the issuance, renewal, or |
14 | reinstatement of the license, or the state agency authorized to take disciplinary action against the |
15 | licensee. |
16 | (24) "Local jurisdiction" means a city or town. |
17 | (25) "Monetary value" means a medium of exchange, whether or not redeemable in money. |
18 | (26) "Open blockchain token" means a digital unit which is: |
19 | (i) Created in response to the verification or collection of a specified number of transactions |
20 | relating to a digital ledger or database; |
21 | (ii) Created by deploying computer code to a digital ledger or database, which may include |
22 | a blockchain, that allows for the creation of digital tokens or other units; |
23 | (iii) Created by using a combination of the methods specified in §§ 42-64.35-4 or 42-64.35- |
24 | 5; |
25 | (iv) Recorded to a digital ledger or database, which may include a blockchain; or |
26 | (v) Capable of being traded or transferred between persons without an intermediary or |
27 | custodian of value. |
28 | (27) "Opportunity zones" means designated areas included in the Tax Cuts and Jobs Act, |
29 | Pub. L. No. 115-97 (2017). Rhode Island opportunity zones are located in twenty-five (25) census |
30 | tracts spread across the following fifteen (15) municipalities: Bristol, Central Falls, Cranston, |
31 | Cumberland, East Providence, Narragansett, Newport, North Providence, Pawtucket, Providence, |
32 | South Kingstown. Warren, West Warwick, Westerly, and Woonsocket. |
33 | (28) "Owner" means any of the following: |
34 | (i) A person with an aggregate ownership interest of twenty percent (20%) or more in the |
| LC004333 - Page 5 of 28 |
1 | person applying for a license or a licensee, unless the interest is solely a security, lien, or |
2 | encumbrance; |
3 | (ii) The chief executive officer of a nonprofit or other entity; |
4 | (iii) A member of the board of directors of a nonprofit; or |
5 | (iv) An individual who will be participating in the direction, control, or management of the |
6 | person applying for a license. |
7 | (29) "Person" means and includes any individual, firm, partnership, joint venture, |
8 | association, corporation, limited-liability company, estate, trust, business trust, receiver, syndicate, |
9 | or any other group or combination acting as a unit, and the plural as well as the singular. |
10 | (30) "Private entity" means any natural person, corporation, general partnership, limited |
11 | liability company, limited partnership, joint venture, business trust, public benefit corporation, |
12 | nonprofit entity, or one other private business entity. |
13 | (31) "Proposal" means a plan for a qualifying project with detail beyond a conceptual level |
14 | for which terms such as fixing costs, payment schedules, financing, deliverables, and project |
15 | schedules are defined. |
16 | (32) "Qualifying project" means: |
17 | (i) A facility or project that serves a public purpose, including, but not limited to, any ferry |
18 | or mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, |
19 | transportation facilities, technology infrastructure, fuel supply facility, oil or gas pipeline, medical |
20 | or nursing care facility, or educational facility or other building or facility that is used or will be |
21 | used by a public educational institution, or any other public facility or infrastructure that is used or |
22 | will be used by the public at large or in support of an accepted public purpose or activity; |
23 | (ii) An improvement, including equipment, of a building that will be principally used by a |
24 | public entity or the public at large or that supports a service delivery system in the public sector; |
25 | (iii) A water, wastewater, or surface water management facility or other related |
26 | infrastructure; or |
27 | (iv) Notwithstanding any provision of this subsection, for projects that involve a facility |
28 | owned or operated by the governing board of a city or town, district, or hospital or health care |
29 | system, or projects that involve a facility owned or operated by an electric utility, only those |
30 | projects that the governing board designates as qualifying projects pursuant to this subsection. |
31 | (33) "Reciprocity agreement" means an arrangement between the department and the |
32 | appropriate licensing agency of another state that permits a licensee operating under a license |
33 | granted by the other state to engage in currency transmission business activity with or on behalf of |
34 | a resident. |
| LC004333 - Page 6 of 28 |
1 | (34) "Record" means information that is inscribed on a tangible medium or that is stored |
2 | in an electronic or other medium and is retrievable in perceivable form. |
3 | (35) "Registry" means the Nationwide Multistate Licensing System. |
4 | (36) "Resident" means a person that: |
5 | (i) Is domiciled in this state; |
6 | (ii) Is physically located in this state for more than one hundred eighty-three (183) days of |
7 | the previous three hundred sixty-five (365) days; or |
8 | (iii) Has a place of business in this state and includes a legal representative of a person that |
9 | satisfies subsection (36)(i) of this subsection. |
10 | (37) "Responsible individual" means an individual who has managerial authority with |
11 | respect to a licensee's currency transmission business activity with or on behalf of a resident. |
12 | (38) "Revenue" means the income, earnings, user fees, lease payments, or other service |
13 | payments relating to the development or operation of a qualifying project, including, but no limited |
14 | to, money received as grants or otherwise from the federal government, a public entity, or an agency |
15 | or instrumentality thereof in aid of the qualifying project. |
16 | (39) "Sandbox period" means the period of time, initially not longer than twenty-four (24) |
17 | months, in which the department's superintendent of banking has authorized an innovative financial |
18 | product or service to be made available to consumers, which shall also encompass any extension |
19 | granted under §§ 42-64.35-l through 42-64.35-5. |
20 | (40) "Secretary" means the secretary of state; |
21 | (41) "Seller" means a person who makes an open blockchain token available for purchase |
22 | to an initial buyer. |
23 | (42) "Service contract" means a contract between a public entity and the private entity |
24 | which defines the terms of the services to be provided with respect to a qualifying project. |
25 | (43) "Sign" means with present intent to authenticate or adopt a record, to execute or adopt |
26 | a tangible symbol or to attach to or logically associate with the record an electronic symbol, sound, |
27 | or process. |
28 | (44) "Special purpose depository institution" means a corporation operating pursuant to § |
29 | 42-64.35-5; |
30 | (45) "State" means a state of the United States, the District of Columbia, Puerto Rico, the |
31 | United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the |
32 | United States. |
33 | (46) "Store," except in the phrase "store of value," means to maintain control of virtual |
34 | currency on behalf of a resident by a person other than the resident. "Storage" and "storing" have |
| LC004333 - Page 7 of 28 |
1 | corresponding meanings. |
2 | (47) "Superintendent" means the deputy director designated by the department's director |
3 | as superintendent of banking in the department. |
4 | (48) "Supervisor of the regulatory body" means the chief or head of a section having |
5 | enforcement responsibility for a particular statute or set of rules and regulations within a regulatory |
6 | agency. |
7 | (49) "System of vital records" means the registration, collection, preservation, amendment, |
8 | and certification of vital statistics records, and activities related to them including the tabulation, |
9 | analysis, and publication of statistical data derived from those records. |
10 | (50) "Transfer" means to assume control of virtual currency from or on behalf of a resident |
11 | and to: |
12 | (i) Credit the virtual currency to the account of another person; |
13 | (ii) Move the virtual currency from one account of a resident to another account of the |
14 | same resident; or |
15 | (iii) Relinquish control of virtual currency to another person. |
16 | (51) "Unique identifier" means an alphanumeric code or designation used for reference to |
17 | a specific plant on a licensed premises. |
18 | (52) "U.S. Dollar equivalent of virtual currency" means the equivalent value of a particular |
19 | virtual currency in United States dollars shown on a virtual currency exchange based in the United |
20 | States for a particular date or period specified in this chapter. Virtual currency or a digital security, |
21 | as defined in §§ 19-14-1 and 19-14.3-1.1, shall not constitute an open blockchain token as defined |
22 | within §§ 42-64.35-4 and 42-64.35-5. |
23 | 42-64.35-3. Council established. |
24 | There is hereby created a Rhode Island blockchain technology advisory council to consist |
25 | of thirteen (13) members: three (3) of whom shall be appointed by the governor, with two (2) of |
26 | those so appointed to be designated by the governor as co-chairs; six (6) of whom shall be directors |
27 | from the Rhode Island commerce corporation, as established by chapter 64 of title 42; four (4) |
28 | members shall be appointed by majority of the nine (9) members appointed by the governor and |
29 | Rhode Island commerce corporation; two (2) of the four members shall be appointed from the |
30 | private sector: with one holding expertise in complex financial services, and one with expertise in |
31 | cybersecurity; two (2) of the four members shall be appointed from academia: with one holding |
32 | expertise in financial systems, and one with expertise in computer engineering. The membership |
33 | of said council shall receive no compensation for their services. The council shall support the state's |
34 | research institutions, promote entrepreneurial development, enable all organizations to become |
| LC004333 - Page 8 of 28 |
1 | more innovative, and perform any other advisory functions as the legislature may designate. |
2 | 42-64.35-4. Financial sandbox -- Financial technology sandbox waiver -- Applicability |
3 | of criminal and consumer protection statutes -- Referral to investigatory agencies -- Civil |
4 | liability. |
5 | (a) Notwithstanding any other provision of law, a person who makes an innovative |
6 | financial product or service available to consumers in the financial technology sandbox may be |
7 | granted a waiver of specified requirements imposed by statute or rule, or portions thereof, if these |
8 | statutes or rules do not currently permit the product or service to be made available to consumers. |
9 | A waiver under this subsection shall be no broader than necessary to accomplish the purposes and |
10 | standards set forth in this chapter, as determined by the superintendent. |
11 | (b) A person who makes an innovative financial product or service available to consumers |
12 | in the financial technology sandbox is: |
13 | (1) Not immune from civil damages for acts and omissions relating to this chapter; and |
14 | (2) Subject to all criminal and consumer protection laws, including, but not limited to, |
15 | violations of any provisions of title 11, title 19, and title 21. |
16 | (c) The superintendent may refer suspected violations of law relating to this chapter to |
17 | appropriate state or federal agencies for investigation, prosecution, civil penalties and other |
18 | appropriate enforcement actions, including, but not limited to, suspension or revocation of any |
19 | license or authorization granted under this chapter. |
20 | (d) If service of process, relative to any civil proceeding, on a person making an innovative |
21 | financial product or service available to consumers in the financial technology sandbox is not |
22 | feasible, service on the secretary of state shall be deemed service on the person. |
23 | (e)(1) A person shall apply to the superintendent to make an innovative financial product |
24 | or service available to consumers in the financial technology sandbox, based on the office that |
25 | administers the statute, regulation, rule or portion thereof, for which a waiver is sought. |
26 | (2) If the superintendent administers a statute or regulation or rule, or if the appropriate |
27 | office is not known, an application may be filed with the superintendent. |
28 | (3) If an application is filed with an office that does not administer the statute, regulation |
29 | or rule for which a waiver is sought, the receiving office shall forward the application to the correct |
30 | office. |
31 | (4) The person shall specify in an application the statutory or rule requirements for which |
32 | a waiver is sought and the reasons why these requirements prohibit the innovative financial product |
33 | or service from being made available to consumers. The superintendent shall, by rule, prescribe a |
34 | method of application. |
| LC004333 - Page 9 of 28 |
1 | (f) A business entity making an application under this section shall be a domestic |
2 | corporation or other organized domestic entity with a physical presence, other than that of a |
3 | registered office or agent, in Rhode Island. |
4 | (g) Before an employee applies on behalf of an institution, firm or other entity intending to |
5 | make an innovative financial product or service available through the financial technology sandbox, |
6 | the employee shall obtain the consent of the institution, firm or entity before filing an application |
7 | under this section. |
8 | (h) The individual filing an application under this section and the individuals who are |
9 | substantially involved in the development, operation or management of the innovative financial |
10 | product or service shall, as a condition of an application, submit to a criminal history background |
11 | check with the department of attorney general. |
12 | (i) An application made under this section shall be accompanied by a fee of five hundred |
13 | dollars ($500). The fee shall be deposited into the financial technology innovation account as |
14 | required by subsection (o) of this section. |
15 | (j) The superintendent, as applicable, shall authorize or deny a financial technology |
16 | sandbox application in writing within ninety (90) days of receiving the application. The |
17 | superintendent and the person who has made an application may jointly agree to extend the time |
18 | beyond ninety (90) days. The superintendent may impose conditions on any authorization, |
19 | consistent with this chapter. In deciding to authorize or deny an application under this section, the |
20 | superintendent shall consider each of the following: |
21 | (1) The nature of the innovative financial product or service proposed to be made available |
22 | to consumers in the sandbox, including all relevant technical details which may include whether |
23 | the product or service utilizes blockchain technology; |
24 | (2) The potential risk to consumers and methods which will be used to protect consumers |
25 | and resolve complaints during the sandbox period; |
26 | (3) A business plan proposed by the person, including proof of capital requirements; |
27 | (4) Whether the person has the necessary personnel, adequate financial and technical |
28 | expertise and a sufficient plan to test, monitor and assess the innovative financial product or service; |
29 | (5) Whether any person substantially involved in the development, operation or |
30 | management of the innovative financial product or service has been convicted of, or is currently |
31 | under investigation for, fraud, state or federal securities violations or any property based offense; |
32 | (6) A copy of the disclosures required under this chapter that will be provided to |
33 | consumers; and |
34 | (7) Any other factor that the superintendent determines to be relevant. |
| LC004333 - Page 10 of 28 |
1 | (k) If an application is authorized under subsection (j) of this section, the superintendent |
2 | shall specify the statutory or rule requirements, or portions thereof, for which a waiver is granted |
3 | and the length of the initial sandbox period. The superintendent shall also post notice of the |
4 | approval of a sandbox application under this section, a summary of the innovative financial product |
5 | or service and the contact information of the person making the product or service available through |
6 | the sandbox on the Internet website of the superintendent. |
7 | (l) A person authorized under subsection (j) of this section to enter into the financial |
8 | technology sandbox shall post a consumer protection bond with the superintendent as security for |
9 | potential losses suffered by consumers. The bond amount shall be determined by the superintendent |
10 | in an amount not less than ten thousand dollars ($10,000) and shall be commensurate with the risk |
11 | profile of the innovative financial product or service. The superintendent may require that a bond |
12 | under this subsection be increased or decreased at any time based on risk profile. Unless the bond |
13 | is enforced, the superintendent shall cancel or allow the bond to expire two (2) years after the date |
14 | of the conclusion of the sandbox period. |
15 | (m) A person authorized under subsection (j) of this section to enter into the financial |
16 | technology sandbox shall be deemed to possess an appropriate license for the purposes of federal |
17 | law requiring state licensure or authorization. |
18 | (n) Authorization under subsection (j) of this section shall not be construed to create a |
19 | property right. |
20 | (o)(1) There is hereby created the financial technology innovation account. Funds within |
21 | the account shall only be expended by legislative appropriation. All funds within the account shall |
22 | be invested by the state treasurer and all investment earnings from the account shall be credited to |
23 | the general fund. The account shall be divided into two (2) sub-accounts controlled by the |
24 | superintendent, respectively, for the purposes of administrative management. For the purposes of |
25 | accounting and investing only, the subaccounts shall be treated as separate accounts. |
26 | (2) Subject to legislative appropriation, application fees remitted to the account shall be |
27 | deposited into the subaccount controlled by the superintendent, as applicable, based on the |
28 | receiving official. These funds, and any additional funds appropriated by the legislature, shall be |
29 | used only for the purposes of administering this chapter, including processing of sandbox |
30 | applications and monitoring, examination and enforcement activities relating to this chapter. |
31 | (p)(1) Except as otherwise provided under chapter 56 of title 6 ("uniform supplemental |
32 | commercial law for the uniform regulation of virtual-currency businesses act"), chapter 14 of title |
33 | 19 ("licensed activities"), and chapter 14.3 of title 19 ("currency transmissions"), a person |
34 | authorized under this chapter to enter into the financial technology sandbox may make an |
| LC004333 - Page 11 of 28 |
1 | innovative financial product or service available to consumers during the sandbox period. |
2 | (2) The superintendent may, on a case by case basis, specify the maximum number of |
3 | consumers permitted to receive an innovative financial product or service, after consultation with |
4 | the person authorized under this chapter to make the product or service available in the financial |
5 | technology sandbox. |
6 | (3) Before a consumer purchases or enters into an agreement to receive an innovative |
7 | financial product or service through the financial technology sandbox, the person making the |
8 | product or service available shall provide a written statement of the following to the consumer: |
9 | (i) The name and contact information of the person making the product or service available |
10 | to consumers; |
11 | (ii) That the product or service has been authorized to be made available to consumers for |
12 | a temporary period by the superintendent, as applicable, under the laws of Rhode Island; |
13 | (iii) That the State of Rhode Island does not endorse the product or service and is not |
14 | subject to liability for losses or damages caused by the product or service; |
15 | (iv) That the product or service is undergoing testing, may not function as intended and |
16 | may entail financial risk; |
17 | (v) That the person making the product or service available to consumers is not immune |
18 | from civil liability for any losses or damages caused by the product or service; |
19 | (vi) The expected end date of the sandbox period; |
20 | (vii) The name and contact information of the superintendent, as applicable, and |
21 | notification that suspected legal violations, complaints or other comments related to the product or |
22 | service may be submitted to the superintendent; and |
23 | (viii) Any other statements or disclosures required by rule of the superintendent which are |
24 | necessary to further the purposes of this chapter. |
25 | (q) A person authorized to make an innovative financial product or service available to |
26 | consumers in the financial technology sandbox shall maintain comprehensive records relating to |
27 | the innovative financial product or service. The person shall keep these records for not less than |
28 | five (5) years after the conclusion of the sandbox period. The superintendent may specify further |
29 | records requirements under this subsection by rule. |
30 | (r) The superintendent, as applicable, may examine the records maintained under or by any |
31 | depository or financial technology innovation account opened pursuant to this chapter, with or |
32 | without notice. All direct and indirect costs of an examination conducted under this subsection shall |
33 | be paid by the person making the innovative financial product or service available in the financial |
34 | technology sandbox. Records made available to the superintendent under this subsection shall be |
| LC004333 - Page 12 of 28 |
1 | confidential and shall not be subject to disclosure under chapter 2 of title 38; provided, however, |
2 | the records may be released to appropriate state and federal agencies for the purposes of |
3 | investigation. |
4 | (s) Unless granted an extension not less than thirty (30) days before the conclusion of the |
5 | sandbox period, a person who makes an innovative financial product or service available in the |
6 | financial technology sandbox shall provide written notification to consumers regarding the |
7 | conclusion of the sandbox period and shall not make the product or service available to any new |
8 | consumers after the conclusion of the sandbox period until legal authority outside of the sandbox |
9 | exists to make the product or service available to consumers. The person shall wind down |
10 | operations with existing consumers within sixty (60) days after the conclusion of the sandbox |
11 | period, except that, after the sixtieth day, the person may: |
12 | (1) Collect and receive money owed to the person and service loans made by the person, |
13 | based on agreements with consumers made before the conclusion of the sandbox period; |
14 | (2) Take necessary legal action; and |
15 | (3) Take other actions authorized by the superintendent by rule which are not inconsistent |
16 | with this subsection. |
17 | (t) The superintendent may, enter into agreements with state, federal or foreign regulatory |
18 | agencies to allow persons who make an innovative financial product or service available in Rhode |
19 | Island through the financial technology sandbox to make their products or services available in |
20 | other jurisdictions and to allow persons operating in similar financial technology sandboxes in other |
21 | jurisdictions to make innovative financial products and services available in Rhode Island under |
22 | the standards of this chapter. |
23 | (u) The superintendent may, by order, revoke or suspend authorization granted to a person |
24 | under this chapter if: |
25 | (1) The person has violated or refused to comply with this chapter or any lawful rule, order |
26 | or decision adopted by the superintendent; |
27 | (2) A fact or condition exists that, if it had existed or become known at the time of the |
28 | financial technology sandbox application, would have warranted denial of the application or the |
29 | imposition of material conditions; |
30 | (3) A material error, false statement, misrepresentation or material omission was made in |
31 | the financial technology sandbox application; or |
32 | (4) After consultation with the person, continued testing of the innovative financial product |
33 | or service would: |
34 | (i) Be likely to harm consumers; or |
| LC004333 - Page 13 of 28 |
1 | (ii) No longer serve the purposes of this chapter because of the financial or operational |
2 | failure of the product or service. |
3 | (v) Written notification of a revocation or suspension order made under subsection (c) of |
4 | this section shall be served using any means authorized by law, and if the notice relates to a |
5 | suspension, include any conditions or remedial action which shall be completed before the |
6 | suspension will be lifted by the superintendent. |
7 | (w) A person granted authorization under subsection (j) of this section may apply for an |
8 | extension of the initial sandbox period for not more than twelve (12) additional months. An |
9 | application for an extension shall be made not later than sixty (60) days before the conclusion of |
10 | the initial sandbox period specified by the superintendent. The superintendent shall approve or deny |
11 | the application for extension in writing not later than thirty-five (35) days before the conclusion of |
12 | the initial sandbox period. An application for extension by a person shall cite one of the following |
13 | reasons as the basis for the application and provide all relevant supporting information that: |
14 | (1) Statutory or rule amendments are necessary to conduct business in Rhode Island on a |
15 | permanent basis; or |
16 | (2) An application for a license or other authorization required to conduct business in |
17 | Rhode Island on a permanent basis has been filed with the appropriate office and approval is |
18 | currently pending. |
19 | (x)(1) The superintendent shall adopt rules and regulations to implement this chapter. The |
20 | rules and regulations adopted by the superintendent under this chapter shall be as consistent as |
21 | reasonably possible, but shall account for differences in the statutes and programs administered by |
22 | the superintendent. |
23 | (2) The superintendent may issue: |
24 | (i) All necessary orders to enforce this chapter, including, but not limited to, ordering the |
25 | payment of restitution and enforcement of these orders in any court of competent jurisdiction; and |
26 | (ii) An order under subsection (x)(2)(i) of this section to enforce the bond or portion of the |
27 | bond posted under this chapter, and use proceeds from the bond to offset losses suffered by |
28 | consumers as a result of an innovative financial product or service. |
29 | (3) All actions of the superintendent under this chapter shall be subject to the rules and |
30 | regulations under title 19 and chapter 14 of title 42. |
31 | (y)(1) Criminal history record information shall be disseminated by criminal justice |
32 | agencies in this state, whether directly or through any intermediary, only to the superintendent for |
33 | purposes of obtaining background information on persons applying for financial technology |
34 | sandbox authorization; provided, however, that all officers and directors subsequently hired or |
| LC004333 - Page 14 of 28 |
1 | appointed, shall be required to submit to a criminal history background check. |
2 | (z)(1) The following persons shall be required to submit to fingerprinting in order to obtain |
3 | state and national criminal history record information: |
4 | (i) Applicants for a financial technology sandbox authorization. |
5 | (aa) The financial technology sandbox definitions shall apply to this chapter. |
6 | (bb) This chapter modifies, limits, and supersedes the federal Electronic Signatures in |
7 | Global and National Commerce Act, but does not modify, limit, or supersede section 101(c) of that |
8 | act (15 U.S.C. § 7001 (c)) or authorize electronic delivery of any of the notices described in section |
9 | 103(b) of that act (15 U.S.C. § 7003(b)). This chapter authorizes the filing of records and signatures, |
10 | when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, |
11 | in a manner consistent with section 104(a) of that act (15 U.S.C. § 7004(a)). |
12 | 42-64.35-5. Special depository institutions. |
13 | (a) The legislature shall create special purpose depository institutions as a new financial |
14 | institution, providing that the following rules shall apply to these institutions: |
15 | (1) Special purpose depository institutions shall be corporations; |
16 | (2) Require that depositors be business entities; |
17 | (3) Specify compliance with applicable federal laws; |
18 | (4) Establish procedures for the incorporation, chartering and operation of special purpose |
19 | depository institutions; |
20 | (5) Establish procedures for liquidation, conservatorship and voluntary dissolution; |
21 | (6) Require a surety bond or pledged investments and specified private insurance; |
22 | (7) Authorize special purpose depository institutions to obtain federal deposit insurance; |
23 | (8) Make conforming amendments; |
24 | (9) Authorize positions; |
25 | (10) Provide an appropriation; and |
26 | (11) Provide for effective dates. |
27 | (b) Except as otherwise provided in this section, if any provision of law conflicts with this |
28 | chapter, this chapter shall control, except as to those provisions set forth in §42-64.35-6. |
29 | (1) Consistent with this chapter, special purpose depository institutions shall be organized |
30 | as corporations under chapter 1.2 of title 7, (the "Rhode Island business corporation act"), to |
31 | exercise the powers set forth in this section; |
32 | (2) Each special purpose depository institution may: |
33 | (i) Make contracts as a corporation under Rhode Island law; |
34 | (ii) Sue and be sued; |
| LC004333 - Page 15 of 28 |
1 | (iii) Receive notes and buy and sell gold and silver coins and bullion as permitted by federal |
2 | law; |
3 | (iv) Carry on a non-lending banking business for depositors, consistent with subsection (d) |
4 | of this section; |
5 | (v) Provide payment services upon the request of a depositor; |
6 | (vi) Make an application to become a member bank of the Federal Reserve System; |
7 | (vii) Engage in any other activity that is usual or incidental to the business of banking, |
8 | subject to the prior written approval of the superintendent. The superintendent shall not approve a |
9 | request to engage in an incidental activity if the superintendent finds that the requested activity will |
10 | adversely affect the solvency or the safety and soundness of the special purpose depository |
11 | institution or conflict with any provision of this chapter; and |
12 | (viii) Exercise powers and rights otherwise authorized by law which are not inconsistent |
13 | with this chapter. |
14 | (d) Except as otherwise provided in this subsection, a special purpose depository institution |
15 | shall not make loans, including the provision of temporary credit relating to overdrafts. A special |
16 | purpose depository institution may purchase debt obligations consistent with provisions of title 19. |
17 | (e) A special purpose depository institution shall maintain its principal operating |
18 | headquarters and the primary office of its chief executive officer in Rhode Island. |
19 | (f) As otherwise authorized by this section, the special purpose depository institution may |
20 | conduct business with depositors outside this state. |
21 | (g) Subject to the laws of Rhode Island, a special purpose depository institution may open |
22 | a branch in another state upon obtaining a certificate of good standing from the superintendent, as |
23 | long as any new branch located outside of this state is in compliance with state and federal |
24 | regulations. A special purpose depository institution, including any branch of the institution, may |
25 | only accept deposits or provide other services under this chapter to depositors engaged in a bona |
26 | fide business which is lawful under the laws of Rhode Island, the laws of the host state and federal |
27 | law. |
28 | (h)(1) No depositor shall maintain an account with a special purpose depository institution |
29 | or otherwise receive any services from the institution unless the depositor meets the criteria of this |
30 | subsection. A depositor shall: |
31 | (i) Be a legal entity other than a natural person; |
32 | (ii) Be in good standing with the jurisdiction in the United States in which it is incorporated |
33 | or organized; |
34 | (iii) Maintain deposits with the institution totaling not less than five thousand dollars |
| LC004333 - Page 16 of 28 |
1 | ($5,000); |
2 | (iv) Be engaged in a lawful, bona fide business; and |
3 | (v) Make sufficient evidence available to the special purpose depository institution to |
4 | enable compliance with anti-money laundering practices, customer identification and beneficial |
5 | ownership requirements, as determined by the institution. |
6 | (2) A depositor which meets the criteria of this subsection (h) shall be issued a depository |
7 | account and otherwise receive services from the special purpose depository institution contingent |
8 | on the availability of sufficient insurance as required under § 19-4-10. |
9 | (3) Consistent with this subsection (h) of this section and in addition to any requirements |
10 | specified by federal law, a special purpose depository institution shall require that a potential |
11 | depositor provide reasonable evidence that the person is engaged in a lawful, bona fide business or |
12 | is likely to open a lawful, bona fide business within the next six (6) months. As used in this |
13 | subsection, "reasonable evidence" includes business entity filings, articles of incorporation or |
14 | organization, bylaws, operating agreements, business plans, promotional materials, financing |
15 | agreements or other evidence. |
16 | (i)(1) At all times, a special purpose depository institution shall maintain unencumbered |
17 | liquid assets valued at not less than one hundred percent (100%) of its depository liabilities; |
18 | (2) As used in this section, "liquid assets" means: |
19 | (i) United States currency held on the premises of the special purpose depository |
20 | institution; |
21 | (ii) United States currency held for the special purpose depository institution by a federal |
22 | reserve bank or a federally insured financial institution; and |
23 | (iii) Investments which are highly liquid, and obligations of the United States treasury or |
24 | other federal agency obligations consistent with rules adopted by the superintendent. |
25 | (j)(1) A special purpose depository institution shall maintain a contingency account to |
26 | account for unexpected losses and expenses. A special purpose depository institution may require |
27 | the payment of contributions from depositors to fund a contingency account. Sufficient funding as |
28 | determined and required by the superintendent for the initial capitalization shall constitute |
29 | compliance with this subsection for the first three (3) years a special purpose depository institution |
30 | is in operation. After the conclusion of the first three (3) years of operation, a special purpose |
31 | depository institution shall maintain a contingency account totaling not less than two percent (2%) |
32 | of the depository liabilities of the special purpose depository institution; provided, however, that |
33 | the contingency account shall be adequate and reasonable in light of current and prospective |
34 | business conditions. as determined by the superintendent; |
| LC004333 - Page 17 of 28 |
1 | (2) A depositor shall obtain a refund of any contingency account contributions made under |
2 | this subsection after closing an account with the special purpose depository institution. |
3 | (k) A special purpose depository institution shall comply with all applicable federal laws, |
4 | including, but not limited to, those relating to anti-money laundering practices, customer |
5 | identification and beneficial ownership. |
6 | (l)(1) A special purpose depository institution shall display on any Internet website it |
7 | maintains, and at each window or place where it accepts deposits, a sign conspicuously stating that |
8 | deposits are not insured by the federal deposit insurance corporation, if applicable. |
9 | (2) Upon opening an account and if applicable, a special purpose depository institution |
10 | shall require each depositor to execute a statement acknowledging that all deposits at the special |
11 | purpose depository institution are not insured by the federal deposit insurance corporation. The |
12 | special purpose depository institution shall permanently retain this acknowledgment. |
13 | (3) A special purpose depository institution shall include in all advertising a disclosure that |
14 | deposits are not insured by the federal deposit insurance corporation, if applicable. |
15 | (m)(1) Except as otherwise provided, five (5) or more adult persons may form a special |
16 | purpose depository institution. The incorporators shall subscribe the articles of incorporation and |
17 | transmit them to the superintendent as part of an application for a charter under title 19. |
18 | (2) The articles of incorporation shall include the following information: |
19 | (i) The corporate name; |
20 | (ii) The purpose for which the corporation is organized; |
21 | (iii) The term of its existence, which may be perpetual; |
22 | (iv) The place where its office shall be located and its operations conducted; |
23 | (v) The amount of capital stock and the number of shares; |
24 | (vi) The name and residence of each shareholder subscribing to more than ten percent |
25 | (10%) of the stock and the number of shares owned by that shareholder; |
26 | (vii) The number of directors and the names of those who shall manage the affairs of the |
27 | corporation for the first year; and |
28 | (viii) A statement that the articles of incorporation are made to enable the incorporators to |
29 | avail themselves of the advantages of the laws of the state. |
30 | (n) Copies of all amended articles of incorporation shall be filed in the same manner as the |
31 | original articles of incorporation. |
32 | (o) The incorporators shall raise sufficient capital prior to filing an application for a charter |
33 | with the superintendent, consistent with § 19-2-2. In the event an application for a charter is not |
34 | filed or is denied, all capital shall be promptly returned without loss, to each person or entity |
| LC004333 - Page 18 of 28 |
1 | investing. |
2 | (p) Subject to applicable federal and state law, a bank holding company may apply to hold |
3 | a special purpose depository institution to raise required initial capital and surplus and additional |
4 | capital. |
5 | (q) The capital stock of each special purpose depository institution chartered under this |
6 | chapter shall be subscribed for as fully paid stock. No special purpose depository institution shall |
7 | be chartered with capital stock less than five million dollars ($5,000,000). |
8 | (r) No special purpose depository institution shall commence business until the full amount |
9 | of its authorized capital is subscribed and all capital stock is fully paid in. No special purpose |
10 | depository institution may be chartered without a paid up surplus fund of not less than three (3) |
11 | years of estimated operating expenses in an amount to be determined by the superintendent; |
12 | (s) A special purpose depository institution may acquire additional capital prior to the |
13 | granting of a charter and may report this capital in its charter application. |
14 | (t)(1) No person shall act as a special purpose depository institution without first obtaining |
15 | a charter and certificate of authority to operate from the superintendent under this chapter |
16 | (2) The incorporators, pursuant to subsection (o) of this section, shall apply to the |
17 | superintendent for a charter. The application shall contain the special purpose depository |
18 | institution's articles of incorporation, a detailed business plan, a comprehensive estimate of |
19 | operating expenses for the first three (3) years of operation, a complete proposal for compliance |
20 | with the provisions of this chapter and evidence of the capital as required under subsection (s) of |
21 | this section. The superintendent may prescribe the form of application by rule. |
22 | (3) Each application for a charter shall be accompanied by an application fee established |
23 | by the superintendent pursuant to rule, which shall be no greater than the costs incurred by the |
24 | superintendent in reviewing the application. The application fee shall be credited to the special |
25 | purpose depository institutions subaccount created by subsection (o) of this section |
26 | (u) Funds in the subaccount shall be used by the superintendent to supervise special |
27 | purpose depository institutions and to otherwise carry out the duties specified by this chapter. Funds |
28 | in the subaccount are continuously appropriated to the subaccount and shall not lapse at the end of |
29 | any fiscal period. For purposes of accounting and investing only the special purpose depository |
30 | institutions subaccount shall be treated as a separate account from the financial institutions |
31 | administration account. |
32 | (v)(1) Upon receiving an application for a special purpose depository charter, the |
33 | superintendent shall notify the applicants in writing within thirty (30) calendar days of any |
34 | deficiency in the required information or that the application has been accepted for filing. When |
| LC004333 - Page 19 of 28 |
1 | the superintendent is satisfied that all required information has been furnished, the superintendent |
2 | shall establish a time and place for a public hearing which shall be conducted not less than sixty |
3 | (60) days, nor more than one hundred twenty (120) days, after notice from the superintendent to |
4 | the applicants that the application is in order. |
5 | (2) Within thirty (30) days after receipt of notice of the time and place of the public hearing, |
6 | the applicants shall cause notice of filing of the application and the hearing to be published at the |
7 | applicant's expense in a newspaper of general circulation within the county where the proposed |
8 | special purpose depository institution is to be located. Publication shall be made at least once a |
9 | week for three (3) consecutive weeks before the hearing and shall state: the proposed location of |
10 | the special purpose depository institution; the names of the applicants for a charter; the nature of |
11 | the activities to be conducted by the proposed institution and other information required by rule. |
12 | The applicants shall furnish proof of publication to the superintendent not more than ten (10) days |
13 | prior to the hearing. The superintendent shall send notice of the hearing to state and national banks, |
14 | federal savings and loan associations and other financial institutions in the state and federal |
15 | agencies who have requested notice from the superintendent. |
16 | (w) The hearing for a charter application shall be conducted as a contested case under |
17 | chapter 35 of title 42 ("administrative procedures") and shall comply with the requirements of that |
18 | chapter. |
19 | (x)(1) Upon receiving the articles of incorporation, the application for a charter and other |
20 | information required by the superintendent, the superintendent shall make a careful investigation |
21 | and examination of the following: |
22 | (i) The character, reputation, financial standing and ability of the incorporators; |
23 | (ii) The character, financial responsibility, banking or other financial experience and |
24 | business qualifications of those proposed as officers and directors; and |
25 | (iii) The application for a charter, including the adequacy and plausibility of the business |
26 | plan of the special purpose depository institution and whether the institution has offered a complete |
27 | proposal for compliance with the provisions of this chapter. |
28 | (2) The superintendent shall submit the results of the superintendent's investigation and |
29 | examination at the public hearing on the charter application and shall be subject to cross |
30 | examination by any interested party. No relevant information shall be excluded as hearsay. |
31 | (y)(1) Within ninety (90) days after receipt of the transcript of the public hearing, the |
32 | superintendent shall render a decision on the charter application based solely on the following |
33 | criteria: |
34 | (i) Whether the character, reputation, financial standing and ability of the incorporators is |
| LC004333 - Page 20 of 28 |
1 | sufficient to afford reasonable promise of a successful operation; |
2 | (ii) Whether the character, financial responsibility, banking or other financial experience |
3 | and business qualifications of those proposed as officers and directors is sufficient to afford |
4 | reasonable promise of a successful operation; |
5 | (iii) The adequacy and plausibility of the business plan of the special purpose depository |
6 | institution; |
7 | (iv) Compliance with the capital and surplus requirements as set forth in this section; |
8 | (v) The special purpose depository institution is being formed for no other purpose than |
9 | legitimate objectives authorized by law; |
10 | (vi) That the name of the proposed special purpose depository institution does not resemble |
11 | so closely the name of any other financial institution transacting business in the state so as to cause |
12 | confusion; and |
13 | (vii) Whether the applicants have complied with all applicable provisions of state law. |
14 | (2) The superintendent shall approve an application upon making favorable findings on the |
15 | criteria set forth in this section. If necessary, the superintendent may either conditionally approve |
16 | an application by specifying conditions relating to the criteria or may disapprove the application. |
17 | The superintendent shall state findings of fact and conclusions of law as part of its decision. If the |
18 | superintendent approves the application, the superintendent shall endorse upon the articles of |
19 | incorporation the approval of the superintendent and shall transmit one copy to the secretary of |
20 | state, retain one copy and return a copy to the applicants within twenty (20) days after the date of |
21 | the decision of the superintendent approving the application. If the superintendent conditionally |
22 | approves an application and upon compliance with necessary conditions required by the |
23 | superintendent, the superintendent shall proceed as provided in the preceding sentence. If the |
24 | superintendent disapproves the application, the superintendent shall mail notice of the disapproval |
25 | to the applicants within twenty (20) days of the superintendent's disapproval. |
26 | (z)(1) If an application is approved and a charter granted by the superintendent, the special |
27 | purpose depository institution shall not commence business before receiving a certificate of |
28 | authority to operate from the superintendent. The application for a certificate of authority shall be |
29 | made to the superintendent and shall certify the address at which the special purpose depository |
30 | institution will operate and that all adopted bylaws of the institution have been attached as an exhibit |
31 | to the application. The application shall state the identities and contact information of officers and |
32 | directors. The superintendent shall approve or deny an application for a certificate of authority to |
33 | operate within thirty (30) days after a complete application has been filed. The authority of the |
34 | superintendent to disapprove any application shall be restricted solely to noncompliance with this |
| LC004333 - Page 21 of 28 |
1 | section; provided that, if the superintendent approves the application, the superintendent shall issue |
2 | a certificate of authority to the applicants within twenty (20) days. If the superintendent denies the |
3 | application, the superintendent shall mail a notice of denial to the applicants within twenty (20) |
4 | days, stating the reasons for denying the application, and grant to the applicants a period of ninety |
5 | (90) days to resubmit the application with the necessary corrections. If the applicants fail to comply |
6 | with requirements of the notice of denial within ninety (90) days from the receipt of the notice, the |
7 | charter of the special purpose depository institution shall be revoked by the superintendent. The |
8 | failure of the superintendent to act upon an application for a certificate of authority within thirty |
9 | (30) days shall be deemed an approval |
10 | (2) If an approved special purpose depository institution fails to commence business in |
11 | good faith within six (6) months after the issuance of a certificate of authority to operate by the |
12 | superintendent, the charter and certificate of authority shall expire. The superintendent, for good |
13 | cause and upon an application filed prior to the expiration of the six (6) month period, may extend |
14 | the time within which the special purpose depository institution may open for business. |
15 | (aa) Any decision of the superintendent in approving, conditionally approving or |
16 | disapproving a charter for a special purpose depository institution or the issuance or denial of a |
17 | certificate of authority to operate is appealable to the district court of the county in which the |
18 | institution is to be located, in accordance with the provisions of chapter 35 of title 42 |
19 | ("administrative procedures"). In addition to the grounds for appeal contained in chapter 35 of title |
20 | 42 ("administrative procedures"), an appellant may appeal if the superintendent fails to make any |
21 | of the required findings or otherwise take an action required by law. |
22 | (bb)(1) Except as otherwise provided by this section, a special purpose depository |
23 | institution shall, before transacting any business, pledge or furnish a surety bond to the |
24 | superintendent to cover costs likely to be incurred by the superintendent in a liquidation or |
25 | conservatorship of the special purpose depository institution. The amount of the surety bond or |
26 | pledge of assets under this section shall be determined by the superintendent in an amount sufficient |
27 | to defray the costs of a liquidation or conservatorship. |
28 | (2) In lieu of a bond, a special purpose depository institution may irrevocably pledge |
29 | specified capital equivalent to a bond to satisfy this subsection. Any capital pledged to the |
30 | superintendent under this subsection shall be held in a state or nationally chartered bank or savings |
31 | and loan association having a principal or branch office in this state. All costs associated with |
32 | pledging and holding such capital are the responsibility of the special purpose depository |
33 | institution. |
34 | (3) Capital pledged to the superintendent shall be of the same nature and quality as those |
| LC004333 - Page 22 of 28 |
1 | required for state financial institutions under title 19. |
2 | (4) Surety bonds shall run to the State of Rhode Island, and shall be approved under the |
3 | terms and conditions established by the superintendent pursuant to the superintendent's authority. |
4 | (5) The superintendent may adopt rules to establish additional investment guidelines or |
5 | investment options for purposes of the pledge or surety bond required by this subsection. |
6 | (6) In the event of a liquidation or conservatorship of a special purpose depository |
7 | institution pursuant to chapters 10, 11 or 12 of title 19, the superintendent may, without regard to |
8 | priorities, preferences or adverse claims, reduce the surety bond or capital pledged under this |
9 | section to cash as soon as practicable and utilize the cash to defray the costs associated with the |
10 | liquidation or conservatorship. |
11 | (7) Income from capital pledged under this subsection shall be paid to the special purpose |
12 | depository institution, unless a liquidation or conservatorship takes place. |
13 | (8) Upon evidence that the current surety bond or pledged capital is insufficient, the |
14 | superintendent may require a special purpose depository institution to increase its surety bond or |
15 | pledged capital by providing not less than thirty (30) days' written notice to the institution. The |
16 | special purpose depository institution may request a hearing before the superintendent not more |
17 | than thirty (30) days after receiving written notice from the superintendent under this subsection. |
18 | Any hearing before the superintendent shall be held pursuant to chapter 35 of title 42 |
19 | ("administrative procedures"). |
20 | (cc)(1) The superintendent may call for reports verified under oath from a special purpose |
21 | depository institution at any time as necessary to inform the superintendent of the condition of the |
22 | institution. |
23 | (2) All reports required of special purpose depository institutions by the superintendent and |
24 | all materials relating to examinations of these institutions shall be subject to the provisions of |
25 | chapter 4 of title 19. |
26 | (3) Every special purpose depository institution is subject to the examination of the |
27 | superintendent. The superintendent or a duly appointed examiner shall visit and examine special |
28 | purpose depository institutions on a schedule established by rule. The superintendent or a duly |
29 | appointed examiner shall make a complete and careful examination of the condition and resources |
30 | of a special purpose depository institution, the mode of managing institution affairs and conducting |
31 | business, the actions of officers and directors in the investment and disposition of funds, the safety |
32 | and prudence of institution management, compliance with the requirements of this chapter and such |
33 | other matters as the superintendent may require. After an examination, the special purpose |
34 | depository institution shall remit to the superintendent an amount equal to the total cost of the |
| LC004333 - Page 23 of 28 |
1 | examination. This amount shall be remitted to the state treasurer and deposited into the special |
2 | purpose depository institutions subaccount established under this chapter. |
3 | (4) On or before January 31 and July 31 of each year, a special purpose depository |
4 | institution shall compute and pay supervisory fees to the superintendent based on the total assets of |
5 | the special purpose depository institution as of the preceding December 31 and June 30, |
6 | respectively. Supervisory fees under this section shall provide for the operating costs of the office |
7 | of the superintendent and the administration of the laws governing special purpose depository |
8 | institutions. Such fees shall be established by rule of the superintendent and shall be adjusted by |
9 | the superintendent to ensure consistency with the cost of supervision. Supervisory fees shall be |
10 | deposited by the superintendent with the state treasurer and credited to the special purpose |
11 | depository institutions subaccount established under this chapter |
12 | (5) A special purpose depository institution shall maintain appropriate insurance or a bond |
13 | covering the operational risks of the institution, which shall include coverage for directors' and |
14 | officers' liability, errors and omissions liability and information technology infrastructure and |
15 | activities liability. |
16 | (dd)(1) The superintendent may suspend or revoke the charter of a special purpose |
17 | depository institution if, after notice and opportunity for a hearing, the superintendent determines |
18 | that: |
19 | (i) The special purpose depository institution has failed or refused to comply with an order |
20 | issued by the superintendent or other regulatory body; |
21 | (ii) The application for a charter contained a false statement or material misrepresentation |
22 | or material omission; or |
23 | (iii) An officer, director or agent of the special purpose depository institution, in connection |
24 | with an application for a charter, examination, report or other document filed with the |
25 | superintendent, knowingly made a false statement, material misrepresentation or material omission |
26 | to the superintendent or the duly authorized agent of the superintendent. |
27 | (ee) If the charter of a special purpose depository institution is surrendered, suspended or |
28 | revoked, the institution shall continue to be subject to the provisions of this chapter during any |
29 | liquidation or conservatorship. |
30 | (ff)(1) If the superintendent finds that a special purpose depository institution has failed or |
31 | is operating in an unsafe or unsound condition, as defined in this section, that has not been remedied |
32 | within the time prescribed under chapter 4 of title 19 or an order of the superintendent, the |
33 | superintendent shall conduct a liquidation or appoint a conservator pursuant to chapters 11 or 12 of |
34 | title 19; |
| LC004333 - Page 24 of 28 |
1 | (2) As used in this section: |
2 | (i) "Failed" or "failure" means, consistent with rules adopted by the superintendent, a |
3 | circumstance when a special purpose depository institution has not: |
4 | (A) Complied with the requirements of this chapter; |
5 | (B) Maintained a contingency account, as required by this section; or |
6 | (C) Paid, in the manner commonly accepted by business practices, its legal obligations to |
7 | depositors on demand or to discharge any certificates of deposit, promissory notes or other |
8 | indebtedness when due. |
9 | (ii) "Unsafe or unsound condition" means, consistent with rules adopted by the |
10 | superintendent, a circumstance relating to a special purpose depository institution which is likely |
11 | to: |
12 | (A) Cause the failure of the institution as defined in this subsection; |
13 | (B) Cause a substantial dissipation of assets or earnings: |
14 | (C) Substantially disrupt the services provided by the institution to depositors; or |
15 | (D) Otherwise substantially prejudice the depository interests of depositors. |
16 | (gg)(1) A special purpose depository institution may voluntarily dissolve in accordance |
17 | with the provisions of this section. Voluntary dissolution shall be accomplished by either |
18 | liquidating the special purpose depository institution or reorganizing the institution into an |
19 | appropriate business entity that does not engage in any activity authorized only for a special purpose |
20 | depository institution. Upon complete liquidation or completion of the reorganization, the |
21 | superintendent shall revoke the charter of the special purpose depository institution and afterward, |
22 | the company shall not use the word "special purpose depository institution" or "bank" in its business |
23 | name or in connection with its ongoing business. |
24 | (2) The special purpose depository institution may dissolve its charter either by liquidation |
25 | or reorganization. The board of directors shall file an application for dissolution with the |
26 | superintendent, accompanied by a filing fee established by rule of the superintendent. The |
27 | application shall include a comprehensive plan for dissolution setting forth the proposed disposition |
28 | of all assets and liabilities, in reasonable detail to effect a liquidation or reorganization, and any |
29 | other plans required by the superintendent. The plan of dissolution shall provide for the discharge |
30 | or assumption of all of the known and unknown claims and liabilities of the special purpose |
31 | depository institution. Additionally, the application for dissolution shall include other evidence, |
32 | certifications, affidavits, documents or information as the superintendent may require, including a |
33 | demonstration of how assets and liabilities will be disposed, the timetable for effecting disposition |
34 | of the assets and liabilities and a proposal of the special purpose depository institution for |
| LC004333 - Page 25 of 28 |
1 | addressing any claims that are asserted after dissolution has been completed. The superintendent |
2 | shall examine the application for compliance with this section, the business entity laws applicable |
3 | to the required type of dissolution and applicable rules. The superintendent may conduct a special |
4 | examination of the special purpose depository institution consistent with chapter 4 of title 19 and |
5 | the guidelines set forth in this chapter for purposes of evaluating the application. |
6 | (3) If the superintendent finds that the application is incomplete, the superintendent shall |
7 | return it for completion not later than sixty (60) days after it is filed. If the application is found to |
8 | be complete by the superintendent, the superintendent shall approve or disapprove the application |
9 | not later than thirty (30) days after it is filed. If the superintendent approves the application the |
10 | special purpose depository institution may proceed with the dissolution pursuant to the plan |
11 | outlined in the application subject to any further conditions the superintendent may prescribe. If |
12 | the special purpose depository institution subsequently determines that the plan of dissolution needs |
13 | to be amended to complete the dissolution, it shall file an amended plan with the superintendent |
14 | and obtain approval to proceed under the amended plan. If the superintendent does not approve the |
15 | application or amended plan, the special purpose depository institution may appeal the decision to |
16 | the superintendent pursuant to chapter 35 of title 42 ("administrative procedures"). |
17 | (4) Upon completion of all actions required under the plan of dissolution and satisfaction |
18 | of all conditions prescribed by the superintendent, the special purpose depository institution shall |
19 | submit a written report of its actions to the superintendent. The report shall contain a certification |
20 | made under oath that the report is true and correct. Following receipt of the report, the |
21 | superintendent, no later than sixty (60) days after the filing of the report, shall examine the special |
22 | purpose depository institution to determine whether the superintendent is satisfied that all required |
23 | actions have been taken in accordance with the plan of dissolution and any conditions prescribed |
24 | by the superintendent. If all requirements and conditions have been met, the superintendent shall, |
25 | within thirty (30) days of the examination, notify the special purpose depository institution in |
26 | writing that the dissolution has been completed and issue a certificate of dissolution. |
27 | (5) Upon receiving a certificate of dissolution, the special purpose depository institution |
28 | shall surrender its charter to the superintendent. The special purpose depository institution shall |
29 | then file articles of dissolution and other documents required by § 7-1.2-1309. In the case of |
30 | reorganization, the special purpose depository institution shall file the documents required by the |
31 | secretary of state to finalize the reorganization. |
32 | (6) If the superintendent determines that all required actions under the plan for dissolution, |
33 | or as otherwise required by the superintendent, have not been completed the superintendent shall |
34 | notify the special purpose depository institution not later than thirty (30) days after this |
| LC004333 - Page 26 of 28 |
1 | determination, in writing what additional actions shall be taken in order for the institution to be |
2 | eligible for a certificate of dissolution. The superintendent shall establish a reasonable deadline for |
3 | the submission of evidence that additional actions have been taken and the superintendent may |
4 | extend any deadline upon good cause. If the special purpose depository institution fails to file a |
5 | supplemental report showing that the additional actions have been taken before the deadline, or |
6 | submits a report that is found not to be satisfactory by the superintendent, the superintendent shall |
7 | notify the special purpose depository institution in writing that its voluntary dissolution is not |
8 | approved, and the institution may appeal the decision to the board pursuant to chapter 35 of title 42 |
9 | ("administrative procedures"). |
10 | (hh) If a special purpose depository institution fails to submit any report required by this |
11 | chapter or by rule within the prescribed period, the superintendent may impose and collect a fee of |
12 | up to one thousand dollars ($1,000) for each day the report is overdue, as established by rule. |
13 | (ii) Each officer, director, employee or agent of a special purpose depository institution, |
14 | following written notice from the superintendent is subject to removal upon order of the |
15 | superintendent if they knowingly or willfully fail to perform any duty required by this chapter or |
16 | other applicable law or conform to any rule or order of the superintendent. |
17 | 42-64.35-6. Severability in a pari material construction with other chapters. |
18 | (a) Except as provided in subsection (b) of this section, if any provision of this chapter or |
19 | the application of this chapter to any person or circumstances is held invalid or unconstitutional, |
20 | the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter |
21 | that can be given effect without the invalid or unconstitutional provision or application, and to this |
22 | end the provisions of this chapter are declared to be severable. |
23 | (b) The provisions of this chapter 64.35 of title 42 ("this chapter") shall be interpreted to |
24 | be in pari material with, consistent with, and harmonized with the provisions of chapter 56 of title |
25 | 6 ("uniform supplemental commercial law for the uniform regulation of virtual-currency businesses |
26 | act"), chapter 14 of title 19 ("licensed activities"), and chapter 14.3 of title 19 ("currency |
27 | transmissions"). To the extent any provision of this chapter 64.35 of title 42 is determined to be |
28 | inconsistent with and cannot be harmonized with the provisions of any of the aforesaid chapters, |
29 | the provisions of chapter 56 of title 6, chapter 14 of title 19, and chapter 14.3 of title 19 shall control |
30 | and prevail over the provisions of this chapter. |
31 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004333 | |
======== | |
| LC004333 - Page 27 of 28 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND ECONOMIC | |
GROWTH BLOCKCHAIN ACT | |
*** | |
1 | This act would establish an economic growth blockchain and would regulate virtual and |
2 | digital assets, and establish depository banks for these purposes. This act would also establish a |
3 | technology advisory council, and a "financial sandbox" where regulatory requirements may be |
4 | waived. |
5 | This act would take effect upon passage. |
======== | |
LC004333 | |
======== | |
| LC004333 - Page 28 of 28 |