New Hampshire has protected self-custody of cryptocurrency - ForkLog

# New Hampshire protects self-custody of cryptocurrencies

New Hampshire Governor Kelly Ayotte signed a law that protects self-custody and the use of digital assets, the operation of nodes, mining, and staking.

The HB 639 document also exempts part of the industry from the money transmitter license and allows a separate judicial proceeding to be created for blockchain-related disputes. It will take effect on August 18, 2026, 60 days after signing.

What the law protects

The law prohibits state and municipal authorities from restricting the use of digital assets to buy lawful goods and services, or from preventing their self-custody in wallets. In addition, the document excludes the introduction of taxes or withholdings solely because of payment with a digital asset, but does not отмен обычные fees associated with performing the transaction itself.

HB 639 separately protects the right to run nodes, connect to blockchain protocols, transfer digital assets, and participate in staking.

“Blockchain basic-rights laws protect one of the fundamental rights of the digital economy — the right of people to independently control their digital assets,” Decrypt quotes the leader of the majority in the New Hampshire House of Representatives, KithA Ammon.

Cryptocurrency mining and staking using one’s own funds will not be considered an offer or sale of a security under state laws. A similar exemption applies to exchanges if the assets remain under the control of the platform or their owner.

The law also removes liability for a specific transaction from miners, node operators, and providers of staking services if their involvement was limited to its technical validation. It is noted that these exemptions apply to New Hampshire law and do not отмен U.S. federal regulators’ requirements.

The court will be able to open proceedings for blockchain disputes

HB 639 allows the state Supreme Court to create, within the highest instance court, a separate proceeding for disputes related to blockchain. This requires a separate order and the consent of the parties.

The proceeding will be able to consider violations of the new rules, contract disputes, fraud, the duties of trustees, and other complex cases. The first presiding judge will be appointed by the governor with the consent of the Executive Council. The candidate must have experience in law and technology.

Authorities warned of weakened oversight

In the financial-budget memo to the bill, the State Department warned that HB 639 would limit the Securities Bureau’s authority over mining and part of staking services.

The agency will lose the ability to require investor damages and impose fines in cases that fall under the new exemptions. These powers are not transferred to another state law-enforcement body.

The judicial system pointed to several ambiguities. In particular, the document does not directly explain how smart-contract provisions relate to existing contract law and which court should hear separate disputes involving cryptocurrency trusts. According to the agency’s assessment, this could increase the number of proceedings.

New Hampshire continued its course on crypto regulation

HB 639 is based on recommendations from the commission on cryptocurrencies and digital assets created by former Governor Chris Sununu. Legislators said they want to attract responsible blockchain companies to the state and reduce legal uncertainty.

In May 2025, New Hampshire became the first U.S. state to allow the creation of a crypto reserve. The Treasury was granted the power to direct up to 5% of certain public funds into precious metals and digital assets with market capitalization above $500 billion on average over the preceding calendar year. Among cryptocurrencies, only bitcoin met that criterion.

At the same time, in July 2026, the Executive Council rejected CleanSpark’s $100 million bond proposal backed by digital gold. The decision was made with a three-to-two vote.

Recall that in the same month, Bloomberg reported that the Trump administration’s initiative to create a strategic U.S. bitcoin reserve faced obstacles due to disagreements between ministries regarding the structure and oversight implementation.