TITLE 5
Banking
Other Businesses Under Jurisdiction of State Banking Department
CHAPTER 35. Delaware Payment Stablecoins Act [For application of this chapter, see 85 Del. Laws, c. 339, § 2]
Subchapter VIII. Preemption [For application of this subchapter, see 85 Del. Laws, c. 339, § 2]
(a) This chapter and regulations under this chapter constitute the sole and exclusive regulatory framework under Delaware law for the licensing, regulation, and supervision of payment stablecoin issuers operating in this State.
(b) A county, city, municipality, or other political subdivision of this State may not enact or enforce any ordinance, regulation, rule, or other requirement that would do any of the following:
(1) Require a payment stablecoin issuer to obtain a local license, permit, or other authorization to conduct payment stablecoin issuance activities in this State or require a registered digital asset service provider under § 3517 of this title to obtain a local license to the extent of the activities described in its registration.
(2) Impose reserve, capital, or anti-money laundering requirements on payment stablecoin issuers that are additional to or inconsistent with those imposed by this chapter.
(3) Restrict, prohibit, or otherwise regulate the issuance, distribution, sale, or transfer of payment stablecoins, except as expressly authorized by this chapter.
(c) Any local ordinance, regulation, or rule inconsistent with this section is void.
85 Del. Laws, c. 339, § 1;(a) Nothing in this chapter preempts the following:
(1) The Delaware Consumer Fraud Act under subchapter II, Chapter 25 of Title 6.
(2) The Uniform Deceptive Trade Practices Act, under subchapter III, Chapter 25 of Title 6.
(3) Chapter 12B of Title 6.
(4) Chapter 12D of Title 6.
(5) The Delaware Securities Act under Chapter 73 of Title 6 and the rules pursuant to the Delaware Securities Act.
(6) Any other state consumer protection law.
(7) The authority of the Attorney General to investigate and prosecute violations of state law.
(8) Any applicable federal law, including the GENIUS Act [12 U.S.C. § 5901 et seq.].
(b) This chapter does not create any private right of action beyond those available under existing Delaware law.
85 Del. Laws, c. 339, § 1;85 Del. Laws, c. 339, § 1;