"Holding Coins for Three Years Without Moving" Will Be Confiscated? The Truth About California's New Bill SB 822
The California Senate Bill 822 (SB 822), signed into law in October 2025 and effective from 2026, extends the state's existing Unclaimed Property Law (UPL) to digital assets held on centralized exchanges. Contrary to widespread panic, the bill does not mean that "holding coins for three years without moving them" will lead to confiscation.
Key points of the bill:
- Assets are considered "unclaimed" only if an account shows no "owner activity" for three years and the exchange cannot contact the user.
- "Owner activity" is broadly defined and includes logging in, executing trades, depositing/withdrawing funds, or even responding to exchange communications—any of which resets the three-year timer.
- Exchanges must send a prominent notice 6–12 months before reporting assets as unclaimed, allowing users to reclaim them easily.
- Transferred assets are not liquidated immediately. They are held "in-kind" (as the original crypto) by state-appointed qualified custodians for 18–20 months, during which owners can reclaim the original tokens. Only after this period may the state liquidate them.
- The law only applies to assets held on centralized exchanges (custodial services). Self-custodied wallets (e.g., cold wallets), DeFi LP tokens, and certain excluded assets like in-game currencies are not affected.
- Owners can always reclaim their assets from the state, even after transfer, either in crypto or as cash proceeds if already sold.
To avoid triggering the law, users should periodically log in or perform minor transactions on their exchange accounts. For greater safety, moving assets to self-custody wallets removes them from the law’s scope entirely. The bill aims to protect consumer assets from being indefinitely held or misused by exchanges, acting as a legal safeguard for lost or forgotten digital wealth.
Odaily星球日报01/07 06:59
