SD LEG Unclaimed Virtual Assets

Updated on: Mar 17, 2025

Latest Event


  • Mar. 2025 SD LEG Governor Approval
  • On Mar. 13, 2025, SD LEG reported governor approved HB 1196, effective Jul. 1, 2025.

On Mar. 3, SD LEG passed bill revising act to include new provisions.

  • SD LEG passed bill HB 1196 relating to unclaimed virtual assets, notice requirements.
  • Amendments to the SD LEG 43-41B relating to the Uniform unclaimed property act.
  • Bill Provisions
  • Updates Uniform unclaimed property act to include provision related to virtual currency
  • Virtual currency is deemed abandoned 3 years after the latest indication of interest.
  • Administrator may decline to accept virtual currency presumed abandoned if not freely transferable, of nominal value or less than estimated expenses of maintenance or sale.
  • Holder of unclaimed virtual currency shall liquidate virtual currency within 30 days prior to filing of report required by SD LEG 43-41B-18, remit proceeds to administrator
  • If the holder is unable to liquidate the virtual currency, must promptly provide written notice to the administrator, the administrator must direct an alternate disposition.
  • Mailed notices to owners relating to virtual currency deemed abandoned must state that the property may be sold by the holder prior to remittance to the administrator.
  • Legislative History
  • On Jan. 30, 2025, bill was introduced in House; on Feb. 19, 2025, bill passed House.
  • On Feb. 20, 2025, bill was introduced in Senate; on Mar. 3, 2025, bill passed Senate.
  • Effectiveness
  • SD law states effective date of bills passed during regular session set for Jul. 1, 2025.
  • Mar. 2025 SD LEG Governor Approval
  • On Mar. 13, 2025, SD LEG reported governor approved HB 1196, effective Jul. 1, 2025.
Regulators
SD LEG
Entity Types
CNSM; Corp
Reference
Act, 3/13/2025; PR, 3/12/2025; Bill HB1196, 3/3/2025; Citation: *SD LEG* 43-41B, 43-41B-18;
Functions
Compliance; Financial; Legal; Reporting; Unclaimed Property
Countries
United States of America
Category
State
N/A
Products
Corporate; Cryptocurrency; Custody
Rule Type
Final
Regions
Am
Rule Date
Mar 3, 2025
Effective Date
Jul 1, 2025
Rule ID
245650
Linked to
N/A
Reg. Last Update
Mar 13, 2025
Report Section
US Investment