Cryptocurrency License in Poland (Authorisation) – An Overivew
Private Financial Services specialists were among the first to assist with obtaining cryptocurrency license in Poland.
Since November 2021, new regulations have appeared in Poland for legal entities wishing to carry out exchange operations with virtual currencies and offer a wallet service. All authorized entities are displayed in the register of activities in the field of virtual currencies. Each entity that received a license has the right to conduct activities on the territory of Poland, as well as outside it.
Poland is currently one of the most favorable jurisdictions for doing crypto business with minimal barriers and difficulty to enter the market.
The crypto-field is regulated by the Ministry of Finance of Poland. A crypto license in Poland allows entrepreneurs to make exchange transactions with virtual currencies and provide a storage service for virtual assets (wallet).
Company registration can be done remotely. In order to form a company remotely, each participant must have an electronic digital signature and obtain a Polish identification number (PESEL). It is needed to apply for a license in Poland through the electronic public administration services platform (e-PUAP), where entry is only possible with PESEL. The application shall be submitted in the form and procedure required by the competent authority.
It is also worth noting the low requirement for authorized capital for a crypto-company – 5000 PLN or around 1100 EUR.
Benefits of Crypto-License in Poland (Authorisation)
All stages of obtaining a сrypto-license in Poland (considering a remote procedure) take up to two months. The process can always be accelerated by arriving to the place. A visit to Poland for 2 days will reduce the total timeframe for obtaining a license to 1 month.
On April 30, 2021, a bill amending the combating money laundering and terrorist financing law was published. The law was accepted on November 1, 2021 and regulates the following activities:
a) exchange between virtual currencies and means of payment;
b) exchange between virtual currencies;
c) brokering the exchanges mentioned above;
d) crypto wallet service.
A cost of obtaining a сrypto-license in Poland starts from EUR 4000.
Crypto activities in Poland are regulated by the combating money laundering and terrorist financing law.
Licensed crypto companies are required to keep a register of transactions, collect information and actions that have been taken to prevent money laundering and terrorist financing under the AML/CTF law.
In most cases, European banks do not accept applications for opening bank accounts for crypto companies. Also, in Poland there is no obligation to have a bank account. Nowadays, there are many solutions for opening accounts in payment systems for both administrative and operational activities.
All organizations in Poland are required to submit annual reports to the National Court Register (KRS, Krajowy Rejestr Sądowy). For the lack of reporting, a certain system of penalties can be applied, and the founders and the management board of the company are responsible for it. In addition, monthly or quarterly income tax advances are also paid. Income tax declaration is submitted once a year.
Corporate Income Tax (CIT) is 9% or 19%. The main VAT rate is 23% (not applicable to crypto transactions). Dividend tax is 19%.
Cryptocurrency License in Poland
Stages of Obtaining an Authorization
- Analysis of the project, analysis of the compliance of the project with the requirements of the regulator;
- Preparation of articles of association, memorandum of association (umowa spółki) and powers of attorney;
- Selection of the correct activity code PKD (Polska Klasyfikacja Działalności);
- Registration of a legal entity;
- Obtaining an electronic digital signature and a Polish identification number (PESEL) for all members of the company;
- Submission of an electronic application for entering the register of activities in the field of virtual currencies (crypto license in Poland).
Requirements for the Person Responsible for AML/CTF
In Poland, there are special requirements for obtaining authorization for the member of the board responsible for the provision of services:
- Completion of a training or course covering legal or practical issues related to activities in the field of virtual currencies, or
- Implementation of activities in the field of virtual currencies for at least one year, confirmed by relevant documents.
After the Registration
- It is necessary to appoint an accountant and start accounting and financial reporting from the first day of registration;
- In Poland, as well as in many other countries, there is a register of ultimate beneficiary owners. Information about the UBO must be submitted within a week of registration;
- Opening a current account for the company;
- After registering a company in Poland, you have 3 weeks to submit the NIP-8 form, indicating the information about the accountant supporting the company and about the bank account.
Our Specialists Will Provide the Following Services:
Preliminary analysis of the business model and consultation;
Full support for the establishment of the company;
Assistance in the development of internal policies and procedures;
Full support for obtaining a cryptocurrency license in Poland;
Submission of all documents and petitions to the supervisory authorities;
Legal address for the company. If necessary, assistance in finding a separate office and hiring a qualified staff;
Payment of all state, notary fees and duties;
Legal and accounting advice.