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California Passes Landmark Law to Protect Unclaimed Crypto Assets Under State Custody

California has become the first U.S. state to pass a comprehensive law safeguarding unclaimed cryptocurrency assets, ensuring they remain in their original digital form rather than being converted or liquidated by the state. Governor Gavin Newsom signed Senate Bill 822 (SB 822) into law, marking a significant milestone in integrating digital assets into financial regulation.

The legislation amends the California Unclaimed Property Law to include cryptocurrencies such as Bitcoin and Ethereum, creating a clear legal framework for how unclaimed digital assets are managed. Under the new rules, crypto holdings that remain inactive for over three years on custodial platforms will be transferred to the custody of the State of California. However, instead of selling or liquidating them, the state must store them securely in their original form through licensed custodians.

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These licensed custodians will be required to follow strict state-mandated security and transparency standards to ensure that the digital assets remain protected and accessible to their rightful owners. The law prohibits the automatic conversion of cryptocurrencies into cash, a move designed to protect investors’ rights and preserve asset value in volatile markets.

The bill’s author, Senator Josh Becker, highlighted that this legislation addresses a long-standing legal gray area concerning unclaimed crypto. “SB 822 ensures digital assets are treated as intangible property under state law,” Becker said, noting that it brings clarity and fairness to a rapidly evolving digital economy.

According to the bill, the state can only liquidate crypto holdings if no owner claims them within 18–20 months after official notification, and only after a formal report from the State Controller’s Office. This safeguard prevents premature liquidation and aligns with best practices already in place for other types of unclaimed financial assets.

Paul Grewal, Chief Legal Officer of Coinbase, praised the initiative as “a step forward in protecting California citizens’ crypto investments.” He emphasized that the bill prevents forced liquidation or confiscation of assets without owner consent and mirrors similar regulatory standards already adopted by 46 U.S. states.

This move represents California’s broader effort to modernize its financial laws and adapt to the realities of a digital economy. With the law set to take effect in the coming months, California positions itself as a leader in responsible cryptocurrency regulation—striking a balance between innovation, consumer protection, and legal certainty.

In conclusion, SB 822 sets a new precedent for digital asset governance across the United States. By ensuring unclaimed crypto remains protected and properly managed, California strengthens investor trust while demonstrating how proactive regulation can support the long-term health of the digital finance ecosystem.

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