Financial and Operational Requirements — Acquiring a Virtual Asset Service Provider (VASP) license in Poland for the year 2025
Licensium provides a complete guide to acquiring a cryptocurrency license in Poland, arming you with the necessary information to successfully launch your crypto endeavor. Delve into Poland’s innovative VASP regulatory structure, a prominent force shaping the crypto landscape in 2024, and discover how it can propel your crypto business to unprecedented success.
Poland has emerged as a prominent center for cryptocurrency companies in Europe, distinguished by its efficient licensing procedure, which is significantly faster compared to other European nations. This favorable regulatory environment encourages a diverse ecosystem of cutting-edge crypto and FinTech initiatives, including but not limited to:
- Cryptocurrency trading venues, including decentralized marketplaces;
- Bicycle service offerings;
- Protected care frameworks;
- The inaugural generation and dissemination of digital currencies or cryptographic tokens.
Securing a banking partnership for a cryptocurrency company operating in Poland is made possible by obtaining a Polish license for cryptocurrency activities.
A Comprehensive Look at Poland’s VASP Legislation
Navigating the key requirements for acquiring a cryptocurrency license within Poland’s regulatory framework
The Polish government, through its Ministry of Finance, is in charge of regulating Virtual Asset Service Providers. Specifically, a dedicated team within the Katowice Tax Administration Chamber is tasked with issuing licenses for cryptocurrency businesses. Furthermore, Poland’s financial watchdog, the General Inspector of Financial Information, ensures compliance with anti-money laundering regulations by regularly inspecting licensed crypto companies.
Following the implementation of the AML Act in 2018, the Polish government has progressively shaped a regulatory framework for cryptocurrency businesses, with key guidance provided by the Polish Financial Supervision Authority’s official statements, a significant one being issued in late 2020.
Obtaining a cryptocurrency license in Poland permits a wide range of activities, spanning the administration of digital currencies, the transfer of traditional money into crypto, and the trading of different cryptocurrencies. Compliance with anti-money laundering (AML) and customer due diligence (KYC) standards is required under the 2018 AML Act, a law that largely follows the guidelines set by the Financial Action Task Force (FATF) for this sector.
At the start of 2024, Poland’s government introduced a legislative plan for regulating cryptocurrency businesses, in step with the EU’s broader MiCA framework for crypto assets.
To be granted a cryptocurrency license in Poland, a business entity is required to hold a starting capital of at least 5,000 złoty, a sum approximating 1,200 euros.
Poland’s growing economic strength has become a magnet for the cryptocurrency industry, drawing in major players like Binance, Transakk, BoomFi, and several other notable firms.
Poland’s cryptocurrency industry has seen significant expansion, drawing in businesses that are moving away from regions with tighter regulations, such as Estonia and Lithuania. Poland’s appeal stems from its advantageous financial landscape and less stringent operational requirements, making it a desirable destination for crypto companies. However, it’s crucial to remember that Poland does not currently classify cryptocurrency as official currency.
Remember these three crucial points about Poland’s system for licensing cryptocurrencies:
- Poland’s Tax Administration Chamber, located in Katowice, is the designated authority for issuing permits related to cryptocurrency operations.
- This license provides a comprehensive framework for diverse cryptocurrency businesses, serving as a key enabler and accelerator for the expansion of crypto-related initiatives.
- Poland’s streamlined licensing procedure sets it apart, allowing companies to quickly establish their presence in the market compared to other licensing alternatives.
VASP Licensing in Poland: Key Considerations
Understanding the essentials of obtaining a cryptocurrency license in Poland
Poland’s Ministry of Finance holds the responsibility of overseeing Virtual Assets Services Providers. This oversight is carried out through the Tax Administration Chamber located in Katowice, which, acting on behalf of the Ministry, grants crypto licenses to eligible businesses. Additionally, the General Inspector of Financial Information, Poland’s anti-money laundering authority, monitors licensed companies through inspections, though it does not have the authority to issue licenses.
Since the enactment of the AML Act in 2018, a regulatory structure for cryptocurrency companies has been established and solidified through subsequent pronouncements from the Polish government, including a definitive stance on cryptocurrencies issued by the Polish Financial Supervision Authority in December 2020.
A Polish cryptocurrency license encompasses a variety of operations, including the management of digital assets, the conversion of fiat currency to cryptocurrency, and the exchange of one cryptocurrency for another. Adherence to anti-money laundering (AML) and know-your-customer (KYC) regulations is mandated by the AML Act of 2018, which generally aligns with the Financial Action Task Force (FATF) recommendations in this domain.
Early in 2024, Poland’s Finance Ministry unveiled a proposed law concerning cryptocurrency licensing, aligning with the European Union’s MiCA (Markets in Crypto-Assets) Regulation.
To obtain a crypto license in Poland, a company must possess a minimum share capital of 5,000 Polish złoty, which equates to roughly €1,200.
Poland’s expanding economy has attracted significant attention from the cryptocurrency sector, with numerous prominent players, including Binance, Transakk, BoomFi, and others, establishing a presence there.
Poland’s crypto sector has experienced significant growth, attracting companies relocating from more stringent regulatory environments like Estonia and Lithuania. This surge is driven by Poland’s more favorable cost structure and operational necessities. Importantly, Poland does not recognize cryptocurrency as legal tender.
Keep these three key takeaways in mind regarding Poland’s cryptocurrency licensing framework:
- In Poland, the Katowice-based Tax Administration Chamber is responsible for granting cryptocurrency licenses.
- This license encompasses a wide array of cryptocurrency-based business structures, effectively serving as a catalyst and driver for the growth of crypto ventures.
- While other licensing options exist, Poland stands out as a nation offering a swift and efficient licensing process, enabling businesses to enter the market rapidly.
Acquiring a cryptocurrency license in Poland involves a structured procedure and a defined timeframe.
Obtaining a cryptocurrency license in Poland: a guide to the procedure and expected duration
Acquiring a cryptocurrency license in Poland is a straightforward and efficient process, boasting a relatively quick turnaround time. It stands out as one of the most expedited pathways within the EU to secure a VASP license, thereby enabling access to banking services for cryptocurrency-related operations.
Establishing a cryptocurrency company in Poland, from initial incorporation to securing the necessary VASP license, typically requires approximately three months. Upon completion of this process, entrepreneurs will possess all the essential documentation to commence the bank onboarding procedure.
Acquiring an existing crypto license company in Poland can significantly reduce the setup time to approximately 6 to 7 weeks.
Obtaining and keeping a Polish license doesn’t necessitate any residency stipulations. Consequently, individuals don’t have to be Polish citizens or residents. A legal address is all that’s required; physical presence in Poland isn’t mandatory. However, if you desire a local office, our services can facilitate that arrangement.
At a minimum, a Polish VASP’s leadership structure requires both a director and an anti-money laundering (AML) specialist. Both these roles necessitate proven expertise in the field or successful completion of AML compliance training specific to Polish regulations.
Acquiring a crypto business license in Poland is a simplified process, characterized by:
- Establishing a business with a registered office location
- Acquiring essential details and paperwork from the company’s originators.
- Creating essential Anti-Money Laundering (AML) and regulatory compliance materials, such as a proposed Risk Matrix and AML operational guidelines.
- Formal request submitted to Polish regulatory bodies for licensing.
- Establishing a business banking solution with a financial institution that embraces cryptocurrency.
For a crypto project to launch successfully in Poland, aspiring entrepreneurs will ultimately require the preparation of several essential documents, documentation support for which we can provide.
- The personal identification of all involved individuals (such as passports, driver’s licenses, or residency verifications) …
- Information regarding the director and the anti-money laundering officer.
- A brief verbal overview of the company’s operations.
- Proof of company formation (for applications involving a pre-established business)
- Anti-Money Laundering and Know Your Customer guidelines and protocols
Categorizations of permits within Poland
VASP Licensing Variations Across Poland
Acquiring a crypto license in Poland follows a unified procedure, though minor adjustments may occur based on the specific operations the company intends to undertake. While the license encompasses a wide range of permissible activities, applicants are obligated to clearly outline their planned services and operations during the application process.
Essentially, obtaining a Polish crypto license signifies that your company has been officially approved by regulators as meeting the anti-money laundering and know-your-customer (AML/KYC) standards outlined in Poland’s 2018 AML Act.
In Poland, a legally authorized cryptocurrency enterprise is capable of:
- Offer secure storage solutions for digital currencies.
- Offer a platform facilitating the conversion of fiat currency into cryptocurrency and vice versa.
- Offer a platform for swapping different cryptocurrencies for one another.
- Emit a digital token or cryptocurrency, ensuring compliance with regulations and classification as a legitimate virtual asset, distinct from securities or financial instruments.
- For additional particulars on specific actions, please schedule a consultation.
A comprehensive guide outlining the procedures for acquiring a VASP license in Poland.
Acquiring a cryptocurrency license in Poland: A comprehensive guide
Securing a cryptocurrency license in Poland follows a clear and consistent procedure, designed to be completed within a relatively short timeframe. This four-stage process, which can be accomplished in as little as two months, involves document preparation, company formation, license application, and the establishment of a corporate bank account.
Let’s break it down step by step:
Phase I: week
SECURING NECESSARY CLIENT MATERIALS TO INITIATE THE PROJECT
Obtaining the necessary documents for your Polish crypto license application is a relatively simple process, with a concise and clear list required for the corporate services provider handling your company’s establishment and registration in Poland.
Prioritizing transparency is crucial, focusing on revealing the participants’ identities and showcasing their competence in handling crypto operations securely.
- Verification documents from all participants (such as passports, residency confirmations, or driver’s licenses);
- In certain situations, a background check may be required, specifically a certificate verifying the absence of criminal convictions from the applicant’s current residence.
- A resume or any document showcasing expertise in handling crypto-related ventures;
- Anti-money laundering guidelines and practices, adhering to the requirements set forth by the 2018 AML Act.
Phase II: Spanning 1 to 2 weeks
Establishing a Limited Liability Company in Poland
Establishing a cryptocurrency company in Poland commences with the legal structure of a limited liability entity, known in Polish as a “sp.z.o.o.” This designation signifies “spółka z ograniczoną odpowiedzialnością,” translating to “company with limited liability.”
- Registering with the Polish company registry will mark the beginning of a crypto company’s journey in Poland.
- Due to the use of electronic signatures, the process of forming a company no longer necessitates notarization or Apostille certification for documents;
- Instead of requiring a physical deposit, the declared share capital suffices. Polish cryptocurrency businesses are mandated to register a share capital minimum of 5,000 PLN, which equates to roughly 1,200 euros in the current year.
- A Polish cryptocurrency company’s certified corporate documents can be delivered via postal service or electronically as a scan.
- To operate, the company must have a registered address in Poland, an address we furnish to all our customers as part of our standard offering.
Phase III: Lasting approximately six to eight weeks.
OBTAINING A CRYPTOCURRENCY LICENSE IN POLAND
To operate as a VASP in Poland, entities must register with the Tax Administration Chamber, a division of the Polish Ministry of Finance, located in Katowice. This registration process involves a comprehensive application package exceeding 40 documents, encompassing details about the VASP’s personnel, legal structure, and a thorough outline of their AML Act compliance systems, protocols, and practices. Our firm offers a complete, ready-to-submit solution for our clients navigating this process.
- The applicant can specify their intention to utilize a reputable KYC software solution, either through a contractual arrangement or by developing their own in-house system.
- It’s crucial to establish guidelines and protocols for tracking and documenting financial transactions.
- Equally crucial is showcasing the process by which client risk is evaluated and the procedures for conducting due diligence, or heightened due diligence, at the outset of a professional partnership.
Candidates must prove their capabilities through a background screening and showcase their familiarity with cryptocurrency, either through prior experience or demonstrated knowledge.
PHASE IV: Spanning 2 to 5 weeks
Establishing Business Accounts for Both Business and Consumer Clienteles
Obtaining a crypto license offers significant advantages beyond simply adhering to legal requirements as a VASP. It serves as a powerful testament to a company’s credibility, fostering trust with both individuals and organizations. This enhanced reputation extends to banking institutions, increasing the likelihood of securing corporate accounts for managing company finances and client payment processing.
- Poland is exploring the option of offering corporate bank accounts specifically designed for cryptocurrency businesses.
- Furthermore, users are also given the option to establish payment processing accounts.
- In Poland, obtaining a VASP status is highly recommended for individuals seeking to utilize banking services.
Virtual Asset Services Provider registration in Poland
The minimum requirements for a crypto license in Poland are:
- Company registration (as a Limited Liability Company);
- Share capital of 5,000 PLN (approximately 1,200 EUR);
- Legal address in Poland;
- Appointment of a director, having completed a mandatory AML training;
- Appointment of an AML officer (doesn’t have to be a resident of Poland);
- A business plan or detailed description of the planned activity;
- Internal AML/KYC policies and control processes;
- Risk assessment grid and details;
- KYC software (can be outsourced);
- (in some cases) Certificate of non-criminal record.
Poland’s stance on the legal status of cryptocurrency enterprises.
Poland permits business operations involving cryptocurrencies, as long as they adhere to existing legal guidelines. This compliance may necessitate obtaining crypto licenses and fulfilling other legal obligations, especially if the services offered fall under regulations governing payment or investment activities.
Ensuring the legality of a crypto project from the outset and thoroughly researching relevant regulations and permit requirements is crucial. Even seemingly minor details can have a substantial impact on the applicable laws and licensing needs, potentially streamlining or complicating the process for obtaining necessary FinTech or crypto licenses. LegalBison offers simplified legal services designed to empower entrepreneurs by providing clarity on the legal aspects of their ventures and guiding them towards a robust corporate and regulatory framework for success.
According to market trends, feedback from established crypto companies, and insights from fintech legal experts, the Polish crypto licensing framework is widely considered a top-tier solution for a variety of crypto-related operations.
The appeal of Poland for cryptocurrency companies arises from its supportive regulatory environment, which offers incentives for businesses to establish their headquarters there. This well-defined framework streamlines the process of registering and running a crypto business, providing clear guidelines on the permissible activities and conditions associated with a Polish crypto license.
Poland’s approach to governing digital currencies.
Poland’s legal framework for cryptocurrencies is established within the AML Act, enacted on March 1st, 2018. This act defines a virtual asset, also known as cryptocurrency, as a digital entity representing value, but excluding those that fall under specific categories:
- Currency officially recognized and accepted for all debts, payments, and transactions by a nation’s central banking institution;
- A measurement standard used within a global organization,
- Digital currencies, offered by digital banking entities known as EMIs or Electronic Money Institutions and Payment Institutions;
- A tool used in finance,
- A written order for payment, either a bill of exchange or a cheque.
Additionally, since a virtual asset doesn’t align with the previously mentioned categories, Polish law designates it as belonging to one of three distinct classifications:
- Cryptocurrency assets, such as Bitcoin and Ripple, are created through a defined protocol and derive their worth from inherent qualities rather than external factors.
- Functional tokens, like Uniswap, represent a crypto asset that entitles holders to access specific services or advantages down the line.
- Security tokens represent digital assets that grant holders the same legal entitlements as traditional securities, including ownership stakes and voting privileges.
This categorization proves invaluable for overseeing diverse cryptocurrency operations within Poland. Legally permitting token and cryptocurrency issuance in Poland, this framework offers crucial guidance for navigating the complexities of ICOs and ITOs.
Governing Initial Coin Offerings, Initial Token Offerings, Initial Exchange Offerings, and Security Token Offerings in Poland
Poland permits the issuance and sale of crypto assets, but these activities are subject to specific legal guidelines. The precise regulations governing these actions are determined by the type of digital asset in question, as outlined in the preceding section.
Crucially, tokens should not be created to bypass financial regulations or offer privileges that would normally make them subject to financial regulations. If a token is determined to be a security or financial instrument, it must adhere to the regulations governing financial instruments and obtain the necessary licenses to ensure investor protection.
Furthermore, the issuance of cryptocurrencies and tokens should not be primarily employed as a means to collect funds from individuals who lack professional investment experience. This is directly linked to the previous point, as tokens offered with the aim of granting additional rights and advantages are considered securities under Polish law. To ensure your token is not categorized as such, we are prepared to provide a comprehensive legal assessment.
While virtual assets fall outside the scope of the Financial Instruments Trading Act and the Public Offering Act, intentionally misleading the public for financial gain is strictly illegal in Poland. This deceptive practice is classified as a criminal offense, potentially resulting in severe legal consequences.
Poland’s trajectory in shaping cryptocurrency legislation
The European Union’s Markets in Crypto Assets Regulation (MiCA) went into effect across all EU countries in June 2024, with its final phase implementation scheduled for December 2024. Following this, EU member states will be responsible for overseeing the regulation’s application to crypto businesses operating within their borders that have obtained the necessary licenses. It is anticipated that the implementation of this regulation will lead to a gradual harmonization of licensing standards for cryptocurrencies across EU nations, mirroring the requirements set by Estonia and France, over a period of 18 months culminating in December 2025.
Cryptocurrency innovators need to understand the impact of MiCA and adjust their strategies accordingly. Licensium is proactively modifying its offerings and guidance to help clients navigate this evolving regulatory landscape. Take advantage of a complimentary consultation with our specialists to ensure you make informed decisions and capitalize on the current opportunities. |
Licensium is attentively tracking the implementation of MiCA and is modifying its recommendations in response. Our team possesses a deep understanding of the regulation and its practical implications, enabling us to create a contemporary solution for your project that seamlessly integrates MiCA’s requirements.
Poland’s Digital Cryptocurrency Record
In Poland, any business involved in cryptocurrency operations, whether directly or indirectly, is required to be officially listed in the national virtual cryptocurrency registry. This registry, which tracks activities related to virtual currencies, is managed by the Tax Administration Chamber located in Katowice.
This rule dictates that any business operations centered around services classified as “activity in the field of virtual currencies” are subject to regulation and require registration within a designated virtual currency activities registry.
What are the key features of obtaining a cryptocurrency license in Poland?
Upon successful registration, Polish crypto licenses are issued as official documents, clearly stating the company’s name and unique identification number. These documents confirm the crypto company’s compliance with anti-money laundering regulations and its official recognition as a cryptocurrency business within Poland. Furthermore, the license information is made accessible to the public through a dedicated registry.
In Poland, the term “crypto license” specifically denotes a registration number and accompanying document that is mandatory for cryptocurrency businesses and requested by banks. Securing a listing in Poland’s official registry for crypto companies is synonymous with obtaining this license, allowing you to confidently advertise it to your customers and collaborators.
Crypto innovators need to understand the impact of MiCA. To help them navigate this, Licensium is adjusting its offerings and guidance to avoid any missteps caused by regulatory shifts. Take advantage of a complimentary consultation with our specialists to ensure you make the most advantageous decisions this year.
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Licensing process
The system for granting authorization to cryptocurrency operations within Poland’s Virtual Currency Registry.
To have a company recognized in Poland’s national registry for virtual currency activities, a specific authorization procedure must be undertaken, which can be summarized in several key stages:
Today’s streamlined process is a direct result of Poland’s comprehensive legal framework, particularly when it comes to creating the documentation required for monitoring and reporting potentially illicit financial activities.
Poland Company’s entry into the cryptocurrency company registry.
Enlisting in Poland’s Crypto Register typically involves working with legal professionals who are well-versed in the relevant regulations. This registration process is crucial for guaranteeing that all businesses operating with cryptocurrencies adhere to anti-money laundering standards and best practices.
Poland’s crypto registration process acts as a safeguard, ensuring the infrastructure for transaction monitoring is properly configured. This enables the oversight of client actions and the timely detection of potentially fraudulent transactions. These monitoring systems rely not solely on human judgment, but also leverage available data for enhanced accuracy and effectiveness.
After being recognized as eligible for a Polish crypto license, applicants must demonstrate their capability to report any questionable financial activities to the appropriate regulatory body.
Polish Authorities’ Perspectives on Cryptocurrency
Poland’s official stance on cryptocurrencies has been articulated through the AML Act, marking a significant milestone in the country’s crypto regulatory landscape. This legislation establishes a framework for both individuals and businesses interested in cryptocurrency activities, outlining the necessary criteria and obligations for entities offering virtual asset services.
In December 2020, the Polish government, through the Polish Financial Supervisory Authority, clarified its stance on crypto assets, encompassing both their issuance and market activity. This declaration, aligning with the principles set forth in anti-money laundering (AML) legislation, delves deeper into categorizing crypto assets and outlining the regulatory framework the authority will employ.
Both of these official pronouncements, accessible to the public and translated into English (contact us for a copy), demonstrate the Polish government’s openness to fostering a thriving cryptocurrency sector. This support, however, comes with the stipulation that all crypto operations adhere to proper due diligence procedures.
Requirements
Guidelines for Polish businesses involved in cryptocurrency operations
To gain approval as a crypto asset service provider in Poland, businesses must adhere to a set of specific stipulations.
Furthermore, registration adheres to fundamental prerequisites, including the mandatory identification of the company’s ultimate beneficial owner and the submission of relevant company documentation, stipulating that the company must be structured as a limited liability entity.
Company registration
Establishing a firm specializing in cryptocurrency operations within Poland’s legal framework.
Setting up a business in Poland is a relatively simple undertaking. Due to Poland’s status as a highly open European economy, establishing legal business structures is a common and streamlined process, typically completed within a short timeframe of a few weeks.
To establish a company in Poland, interested parties, be they individuals or corporations, must compile articles of incorporation and articles of association, furnish identification particulars, specify the company’s registered address, and formally submit these documents for company formation.
While incorporating a company in Poland isn’t a strict requirement for obtaining a cryptocurrency license, ensuring compliance with the previously outlined criteria is paramount.
Consequently, a Polish cryptocurrency license is attainable for companies incorporated outside of Poland. While this scenario isn’t frequently encountered, we possess prior experience in handling such cases. However, it’s important to note that this is a theoretical possibility, as obtaining a license for a company situated in a tax haven, for instance, might prove highly improbable. Our advice is to pursue this option solely for cryptocurrency companies registered within the EU.
Taxation
Taxation targeting digital currency businesses in Poland
In Poland, the Ministry of Finance classifies cryptocurrency businesses according to two distinct categories based on their tax implications.
For limited liability companies, the standard tax treatment for exchange services involves a corporate income tax, structured in a two-tiered manner:
Businesses involved in cryptocurrency trading face a 19% income tax on profits earned when converting cryptocurrencies to traditional currencies. It’s important to remember that Poland exempts financial services from Value Added Tax.
Obligations
Obligations for cryptocurrency businesses in Poland
After a company obtains approval to operate as a cryptocurrency business, it must adhere to several continuing duties. These ongoing necessities align with the expectations set forth during the company’s initial application for a Polish crypto license.
A crucial responsibility is designating a competent AML officer in a leadership role, tasked with overseeing the monitoring and reporting of potentially illicit transactions, and collaborating with Polish regulatory bodies (GIIF).
Consequently, the AML officer employed by this Polish crypto firm licensed to operate is diligently ensuring compliance with all other legal mandates.
Cryptocurrency companies operating as limited liability companies in Poland, like all other such entities, are obligated to maintain financial records and submit monthly reports. Consequently, collaborating with an accountant specializing in cryptocurrency is crucial for ensuring accurate accounting practices and timely filings.
Sanctions
Legal requirements for cryptocurrency businesses in Poland
After a company obtains approval to operate as a cryptocurrency business, it must adhere to several continuing duties. These ongoing necessities align with the expectations set forth during the company’s initial application for a Polish crypto license.
A crucial responsibility is designating a competent AML officer in a leadership role, tasked with overseeing the monitoring and reporting of potentially illicit transactions, and collaborating with Polish regulatory bodies (GIIF).
Consequently, the AML officer employed by this Polish crypto firm licensed to operate is diligently ensuring compliance with all other legal mandates.
Cryptocurrency companies operating as limited liability companies in Poland, like all other such entities, are obligated to maintain financial records and submit monthly reports. Consequently, collaborating with an accountant specializing in cryptocurrency is crucial for ensuring accurate accounting practices and timely filings.
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