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The agreement reserves the right for BAM to require Enhanced Due Diligence from users, including submission of additional personal or business documentation and face-to-face meetings, and to charge users for costs and fees BAM incurs in connection with that process.
This analysis describes what Binance.US's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision authorizes BAM to impose financial charges on users for regulatory compliance processes that BAM initiates at its sole discretion. The terms do not specify a fee cap, notice requirement, or schedule for Enhanced Due Diligence charges.
The updated terms introduce automatic enrollment in Soft-Staking for eligible tokens held in user accounts, meaning assets will be staked on Binance.US's behalf with third-party providers unless users opt out before the policy takes effect. Previously, the terms stated staking was optional and required explicit designation. The revised language also establishes that starting July 1, 2026, users will receive at least 14 days' notice before material changes to fee schedules, terms, or account policies take effect. Users can avoid automatic staking by opting out before July 1, 2026, or by withdrawing or designating specific tokens as ineligible for Soft-Staking.
View change record →Under this clause, users may be required to submit additional documentation or attend meetings as part of Enhanced Due Diligence, and the agreement authorizes BAM to pass through any associated costs and fees to the user. The terms do not specify the amount, timing, or notice procedure for such charges.
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"We may require you to submit additional information about yourself or your business or institution, provide public and/or non-public records or documentation, or have face-to-face meetings with representatives of BAM (such process, "Enhanced Due Diligence"). We reserve the right to charge you for any costs and fees BAM incurs associated with such Enhanced Due Diligence.Excerpt from Binance.US's Terms of Use
1. REGULATORY LANDSCAPE: Enhanced Due Diligence obligations are required by FinCEN regulations for certain customer categories under the Bank Secrecy Act. The authorization to charge users for EDD costs is a contractual mechanism that goes beyond the regulatory obligation itself. State consumer protection statutes may impose limitations on the ability to charge users for costs incurred in mandatory compliance processes. 2. GOVERNANCE EXPOSURE: Medium. The absence of a fee cap or defined notice procedure for Enhanced Due Diligence charges creates uncertainty for users regarding their potential financial exposure. Business and institutional users with complex ownership structures subject to enhanced scrutiny under the eligibility provisions may be at higher risk of incurring EDD charges. 3. JURISDICTION FLAGS: California, New York, and other states with consumer protection frameworks may scrutinize the enforceability of open-ended fee authorizations for compliance processes initiated at the company's sole discretion. The terms do not specify whether EDD fees are charged before or after the compliance review is completed. 4. CONTRACT AND VENDOR IMPLICATIONS: Business account users and non-U.S. entities subject to enhanced scrutiny under the eligibility provisions should assess the potential financial exposure from EDD fee authorization before opening accounts. The absence of a fee schedule or cap is a due diligence consideration for institutional participants. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the EDD fee authorization provision satisfies applicable consumer protection disclosure requirements. The provision should be evaluated in conjunction with account suspension authority, as the terms state that accounts may be suspended pending EDD submission.
This provision authorizes BAM to impose financial charges on users for regulatory compliance processes that BAM initiates at its sole discretion. The terms do not specify a fee cap, notice requirement, or schedule for Enhanced Due Diligence charges.
Under this clause, users may be required to submit additional documentation or attend meetings as part of Enhanced Due Diligence, and the agreement authorizes BAM to pass through any associated costs and fees to the user. The terms do not specify the amount, timing, or notice procedure for such charges.
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