2023 Regular SessionVirginia Legislature

HB1784: Securities; digital token exemption, decentralized autonomous organizations.

Legislative Summary

Securities; digital token exemption; decentralized autonomous organizations. Provides an exemption from securities registration requirements for issuers or sellers of digital tokens, as defined in the bill, under certain circumstances. The bill directs the State Corporation Commission to develop a form and submission process for an issuer or seller of digital tokens to file a notice of intent with the Commission. The bill also creates a regulatory framework for decentralized autonomous organizations, which are a form of limited liability company, and provides that the entity seeking to become a decentralized autonomous organization must file its articles of organization with the Commission in order to seek a certificate of organization. The bill permits a limited liability company to elect to become a decentralized autonomous organization with management vested in its members or smart contracts and contains requirements for its articles of incorporation and operating agreements. The bill also contains provisions governing the relationships and rights of members of a decentralized autonomous organization and for the dissolution of a decentralized autonomous organization. Securities; digital token exemption; decentralized autonomous organizations. Provides an exemption from securities registration requirements for issuers or sellers of digital tokens, as defined in the bill, under certain circumstances. The bill directs the State Corporation Commission to develop a form and submission process for an issuer or seller of digital tokens to file a notice of intent with the Commission. The bill also creates a regulatory framework for decentralized autonomous organizations, which are a form of limited liability company, and provides that the entity seeking to become a decentralized autonomous organization must file its articles of organization with the Commission in order to seek a certificate of organization. The bill permits a limited liability company to elect to become a decentralized autonomous organization with management vested in its members or smart contracts and contains requirements for its articles of incorporation and operating agreements. The bill also contains provisions governing the relationships and rights of members of a decentralized autonomous organization and for the dissolution of a decentralized autonomous organization.

Demographic Impact

Overall analysis of equity impact

70% Positive
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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23101140D
House of Delegates
1/10/2023
Referred to Committee on Commerce and Energy
House of Delegates
1/16/2023
Assigned sub: Subcommittee #1
House of Delegates
1/17/2023
Subcommittee recommends reporting (7-Y 0-N)
House of Delegates
1/31/2023
Reported from Commerce and Energy with substitute (14-Y 7-N)
House of Delegates
1/31/2023
Committee substitute printed 23105027D-H1
House of Delegates
2/2/2023
Read first time
House of Delegates
2/3/2023
Passed by for the day
House of Delegates
2/6/2023
Read second time
House of Delegates
2/6/2023
Committee substitute agreed to 23105027D-H1
House of Delegates
2/6/2023
Amendment by Delegate Davis agreed to
House of Delegates
2/6/2023
Engrossed by House - committee substitute with amendment HB1784EH1
House of Delegates
2/6/2023
Printed as engrossed 23105027D-EH1
House of Delegates
2/7/2023
Read third time and passed House (50-Y 49-N)
House of Delegates
2/7/2023
VOTE: Passage (50-Y 49-N)
House of Delegates
2/8/2023
Constitutional reading dispensed
Senate
2/8/2023
Referred to Committee on Commerce and Labor
Senate
2/20/2023
Passed by indefinitely in Commerce and Labor with letter (12-Y 3-N)
Senate

Amendments

Substitute for S-Commerce and Labor

Substitute for S-Commerce and Labor

2/20/2023Not Adopted

House amendments adopted

House amendments adopted

2/6/2023Adopted

Substitute for HB1784 for Committee: Commerce and Energy

Substitute for HB1784 for Committee: Commerce and Energy

1/31/2023Not Adopted

Roll Call Votes

Senate: Passed by indefinitely in Commerce and Labor with letter (12-Y 3-N)
2/20/2023
12
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (50-Y 49-N)
2/7/2023
50
Yea
49
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Commerce and Energy with substitute (14-Y 7-N)
1/31/2023
14
Yea
7
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Subcommittee recommends reporting (7-Y 0-N)
1/17/2023
7
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED

Status Information

Current Status
Engrossed(2/6/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Documents

Engrossed
Bill Text2/6/202325.5 KB
Comm Sub
Bill Text1/31/202325.4 KB
Prefiled
Bill Text1/10/202346.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/7/202374.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/24/202375.4 KB