Property interests and entitlements to virtual currency [For application of this section, see 85 Del. Laws, c. 338, § 3].
Del. Code tit. 5, § 2337
in effect(a) A licensee that has control of virtual currency for 1 or more persons shall maintain control of virtual currency in each type of virtual currency sufficient to satisfy the aggregate entitlements of the persons to the type of virtual currency.
(b) If a licensee violates subsection (a) of this section, the property interests of the persons in the virtual currency are pro rata property interests in the type of virtual currency to which the persons are entitled, without regard to the time the persons became entitled to the virtual currency or the licensee obtained control of the virtual currency.
(c) The virtual currency referred to in this section must be all of the following:
(1) Held for the persons entitled to the virtual currency.
(2) Not property of the licensee.
(3) Not subject to the claims of creditors of the licensee.
(4) Deemed a permissible investment by regulations set forth by the Commissioner through regulation.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title5/c023/sc08/index.htmlFetched: 10/4/2026