since you don't keep an AML and KYC Manual nor are FinCEN regulated
I have to clarify this point. FinCEN has not made any declaration that Bitcoin is a currency. We have filed a request for an administrative ruling from FinCEN on the matter. They have not responded yet but are obligated to do so under federal law. We are not a money transmitter, we are not a currency exchanger, we are not issuing stored value cards, we don't issue money orders. Under FinCEN current definition we are not a money service business.
We purchase Bitcoins and pay our clients. A gold buyer (or any company engaging in buying assets from the public) isn't a money service business. No being prudent enterprise we have asked for a definitive answer from FinCEN by requesting an administrative ruling. If FinCEN rules that we are a money services business then we will certainly file as an MSB.
Stating we are not a legal enterprise is false. I will assume it due to a lack of information not malicious intent. We have 180 days to file as an MSB and have asked FinCEN to provide clarification on their definitions. We have taken all necessary steps to ensure compliance. We intentionally limited the scope of our operation so as to not be defined as money transmitter.
The is certainly some question on your legal standing as a money transmitters as that requires not just an MSB registration but licensing in at least ten states.
Wether or not Bitcoin is a currency, your still doing MSB related activities.
Your required to register as an MSB, keep an up to date AML Manual, attend BSA training, file SAR's, ect.
I haven't seen you at any BSA trainings yet.
Bitinstant, LLC (and her parent company) is licensed by the New York State Superintendent of Banks pursuant to article 9-A of the Banking Law.
Bitinstant, LLC (and her parent company) is registered with the Financial Crimes Enforcement Network (FinCen) as a Money Service Business (MSB).
and is also a proud member of the Financial Service Centers of America (FiSCA).
Additionally, Chase, Citibank, BoA, and Wells Fargo
know what we do regarding Bitcoin. Your BoA account will be shut down as soon as they catch wind, as will Western Union. The legalities of allowing random people depositing into your business accounts is very debatable.
Look, Im not putting down your business. Im just saying that if your doing actual volume, you need to get your shit together because you cannot fly under the radar. Bitcoiners will depend on you and when you can't come thru, they will hand your ass to the vultures.
I'd be happy to share any knowledge I have with you, we have an attorney who works for us full time and we can help you put together an AML manual.
We're all friends here, competition is a good thing bro.
-Charlie