N.D. Cent. Code § 13-09.1-44
13-09.1-44. Definitions
13-09.1-44. Definitions
For the purposes of sections 13-09.1-44 through 13-09.1-54, the following definitions apply:
1.
"Blockchain analytics" means the analysis of data from blockchains or publicly
distributed ledgers, including associated transaction information to provide risk-specific
information about virtual-currency transactions and virtual currency addresses.
2.
"Control of virtual currency", when used in reference to a transaction or relationship
involving virtual currency, means the power to execute unilaterally or prevent
indefinitely a virtual-currency transaction.
3.
"Exchange", used as a verb, means to assume control of virtual currency from or on
behalf of a person, at least momentarily, to sell, trade, or convert:
a.
Virtual currency for money, bank credit, or one or more forms of virtual currency;
or
b.
Money or bank credit for one or more forms of virtual currency.
4.
"Transaction hash" means a unique identifier made up of a string of characters that act
as a record and provide proof the transaction was verified and added to the
blockchain.
5.
"Transfer" means to assume control of virtual currency from or on behalf of a person
and to:
a.
Credit the virtual currency to the account of another person;
b.
Move the virtual currency from one account of a person to another account of the
same person; or
c.
Relinquish control of virtual currency to another person.
6.
"United States dollar equivalent of virtual currency" means the equivalent value of a
particular virtual currency in United States dollars shown on a virtual-currency
exchange based in the United States for a particular date or period specified in this
chapter.
7.
"Virtual currency":
a.
Means a digital representation of value that:
(1)
Is used as a medium of exchange, unit of account, or store of value; and
(2)
Is not money, whether or not denominated in money; and
b.
Does not include:
(1)
A transaction in which a merchant grants, as part of an affinity or rewards
program, value that cannot be taken from or exchanged with the merchant
for money, bank credit, or virtual currency; or
(2)
A digital representation of value issued by or on behalf of a publisher and
used solely within an online game, game platform, or family of games sold
by the same publisher or offered on the same game platform.
8.
"Virtual-currency address" means an alphanumeric identifier associated with a
virtual-currency wallet identifying the location to which a virtual-currency transaction
may be sent.
9.
"Virtual-currency administration" means issuing virtual currency with the authority to
redeem the currency for money, bank credit, or other virtual currency.
10.
"Virtual-currency business activity" means:
a.
Exchanging, transferring, or storing virtual currency or engaging in virtual-
currency administration, whether directly or through an agreement with a virtual-
currency control-services vendor;
b.
Holding electronic precious metals or electronic certificates representing interests
in precious metals on behalf of another person or issuing shares or electronic
certificates representing interests in precious metals; or
c.
Exchanging one or more digital representations of value used within one or more
online games, game platforms, or family of games for:
(1)
Virtual currency offered by or on behalf of the same publisher from which the
original digital representation of value was received; or
(2)
Money or bank credit outside the online game, game platform, or family of
games offered by or on behalf of the same publisher from which the original
digital representation of value was received.
11.
"Virtual-currency control-services vendor" means a person that has control of virtual
currency solely under an agreement with a person that, on behalf of another person,
assumes control of virtual currency.
12.
"Virtual-currency kiosk" means an electronic terminal acting as a mechanical agent of
the virtual-currency kiosk operator to enable the virtual-currency kiosk operator to
facilitate the exchange of virtual currency for money, bank credit, or other virtual
currency, including by:
a.
Connecting directly to a separate virtual-currency exchange that performs the
actual virtual-currency transmission; or
b.
Drawing upon the virtual currency in the possession of the electronic terminal's
operator.
13.
"Virtual-currency kiosk operator" means a person that operates a virtual currency kiosk
in this state.
14.
"Virtual-currency kiosk transaction" means:
a.
A transaction conducted or performed, in whole or in part, by electronic means via
a virtual-currency kiosk.
b.
A transaction made at a virtual-currency kiosk to purchase virtual currency with
fiat currency or to sell virtual currency for fiat currency.
15.
"Virtual-currency wallet" means a software application or other mechanism providing a
means to hold, store, or transfer virtual currency.