I guess they will have to comply with the $250 000 FDIC insurance for every account but that would only apply to fiat deposits, there is no requirement for them about crytos. Coinbase has the same stuff, but they claim to have their coins in cold wallets (whatever this means and what percentage it is) insured to full value.
I'm a bit optimistic here or let's say half optimistic, they are entering a territory with is dominated by Coinbase in the US, and Coinbase has a habit of kissing whatever authority ass comes into their visual range, if they get wind of BitPay playing even a bit dirty they will probably use everything at their disposal to get rid of them. So I guess that for a while BitPay will play by the book, that is if they are allowed to do so in the first place, I've read more articles since my last posts about what Maxine Waters thinks of this and the future is a bit bleak.
Also, I'm rather curious there is absolutely no discussion on bitcointalk about her and her plans.