Crypto License in Czech Republic
The Czech Republic is one of the most attractive jurisdictions in the EU for cryptocurrency business,
as only the Czech National Bank supervises the financial market, including cryptocurrencies.
Gofaizen & Sherle provides professional support in remote obtainment of a Czech Republic crypto
license from scratch under a guarantee of a turnkey result or offers a ready-made company with
an acquired Czech crypto license in less than 2 weeks.
Currently, there’s no license for crypto-specific associated activity in the Czech Republic.
However, to provide services related to crypto-activity (is considered as licensed trade), it is necessary to follow the general authorization procedure stipulated by the Trade Licensing Register administered by the Czech Ministry Of Industry And Trade.
The Czech Republic does not imply requirements of opening a corporate account for the company’s incorporation (in the form of LLC) and the minimum share capital requirement is 1 Czech Krone per shareholder.
Czech legal acts also don’t establish separate requirements for incorporation of crypto-related companies. Therefore, crypto company registration in Czech Republic may take from 1 up to 3 weeks and this term allows to pass all stages, including incorporation and obtaining of crypto license at Trade Licensing Register. Despite the absence of the licensing process ordinary for financial institutions supervised by the Czech National Bank (CNB), Czech companies involved in crypto-related activities are considered as obliged entities and have a supervisory authority in the form financial intelligence unit – Financial Analytical Office (FAÚ), which is responsible for control over their duties arising from Czech AML Act.
Obligations of Czech crypto companies include implementation of AML/KYC policies, certain reporting requirements and appointment of an Employee (AML Officer), responsible for fulfillment of compliance-related requirements.
Due to favorable legislation, the Czech Republic is attractive for cryptocurrency and IT activities. In 2018 the Czech Republic opened a specialized blockchain alliance, Blockchain Connect / Czech Alliance, whose main task is developing and implementing technology in the country. The Paralelni Polis Center operates in Prague and is also engaged in the development of crypto technology.
The support and funding of such structures indicate the government’s interest in the progress of innovative financial technologies and the maintenance of stability at the state level.
MiCA Regulation in Czech Republic
The Markets in Crypto-Assets Regulation, or MiCA by its acronym,, is a regulatory framework developed by the European Commission to regulate crypto-asset markets and related services. The regulation covers areas that are not currently regulated by existing EU rules.
The development of MiCA began in 2018 to create a single licensing regime for all EU member states. This is meant to help harmonize the cryptocurrency regulation in line with the European Digital Finance Strategy. The official title of the regulation is “Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Markets in Crypto-assets, and amending Directive (EU) 2019/1937”. The regulation is scheduled to come into force in 2024.
MiCA will be applied in all EU member states upon its adoption. The regulation will provide a new legal framework for the regulation of crypto assets and service providers that were previously not subject to the common EU rules. It will make the provision of crypto services legal throughout the EU.
Czech readiness for MiCA regulation
On the 14th of February of 2024, the Chamber of Deputies of the Parliament of the Czech Republic held an expert seminar on the readiness of the Czech crypto industry for the European MiCA regulation.
The seminar tackled key issues related to the Czech Republic’s readiness for MiCA implementation. Representatives from the Department of Trade and Consumer Law emphasized the importance of complying with consumer protection regulations and preserving the principles of free trade in cryptocurrencies. These discussions provided valuable information that will be addressed in the upcoming legislation.
For the Czech Republic, MiCA will present significant growth opportunities in the cryptocurrency sector. Companies holding crypto licenses in the Czech Republic can access the single European market and offer their services across the EU, following the same regulatory requirements. It will also increase security and transparency in the local crypto asset market, increasing investor and user confidence.
The adoption of MiCA will ensure the Czech Republic’s integration into the pan-European financial ecosystem and strengthen its position in the international arena. National regulators will work within a single legal framework, which will simplify the licensing and supervision of cryptocurrency companies, stimulating their development and attracting investment.
Service packages for registration of Czech crypto license
Choose the best package of services for obtaining a crypto activity license in the Czech Republic from scratch or contact us through the feedback form below for a more tailored made solution
Up to 4 Weeks
Corporate account for bussiness activity plus board member/AML Officer with local residence plus entire maintenance
- Full Turnkey Company Formation
- Registering as VASP within the Regulator
- Address of Registration for 1 year
- Handling the communication with Financial Analytical Unit (FAU)
- Apostilled and Translated corporate documents
- Individual AML/KYC Policy
- Assistance in opening Business account for crypto operating activity
- Search, integration, direct employment agreement for Local Money Launching Reporting Officer
Up to 3 Weeks
Exhaustive set up of company infrastructure for the start of operational activity.
- Full Turnkey Company Formation
- Registering as VASP within the Regulator
- Address of Registration for 1 year
- Individual AML/KYC Policy
- Handling the communication with Financial Analytical Unit (FAU)
Up to 2 Weeks
Registration of the Virtual Asset Service Provider under the minimum regulatory requirements
- Full Turnkey Company Formation
- Registering as VASP within the Regulator
- Standard AML/KYC Policy
Ready-made company with virtual asset provider registration in the Czech Republic
Upon Request
Price
1-2 weeks
Duration
Requirements for a crypto license in Czech Republic
- The company shall have internal policies (AML/KYC), as well as internal control policies
- Crypto company shall appoint employee responsible for fulfillment of AML/CTF obligations
- Obligation to identify customers and monitor the business relationship established
- Obligation to fulfill international sanctions regimes
- Obligation to store customers’ data
- Obligation to report suspicious transactions and certain operations
- Obligation for the company’s shareholders and senior management to have good business reputation and clear criminal record
- Obligation to implement risk-based approach in the course of licensed activity and take into account risks identified through national risk assessment
- Other obligations arising from applicable law
There’s no requirements for local substance in the Czech Republic, including the existence of a local office, director or AML Officer and foreign investors have flexible options for company’s management
Procedure for obtaining a Crypto License in the Czech Republic
GATHERING DOCUMENTS FROM THE CLIENT TO START THE PROCESS
Result: gathering basic information from the client; providing a preliminary package of documents for further execution of the power of attorney (PoA); clarity of project scope and budgets
- Preliminary project analysis
- Collection of KYC documents and business description
- Preparation of power of attorney for notarization and legalization
- Verification of a business name chosen
- Collection of shareholder and director’s criminal record certificate
- Documents receiving at our office in Prague
REGISTRATION OF A LIMITED LIABILITY COMPANY (S.R.O.)
Result: The company is registered in the desired name; the company is ready for obtaining the crypto license at Czech Trade Licensing Register
- Sworn translation of power of attorney and certificate of criminal records into Czech
- Carrying out the notarial deed of company registration
- Entry of company data into the commercial register
CRYPTO LICENSING PROCESS IN THE CZECH REPUBLIC
Result: The company has obtained a license in the field of crypto-related activities and it is ready for operations
- Receiving additional information about the client’s business (to identify risk appetites, the geography of the customers, nature of the business, etc.) and development of AML/KYC policies tailored to the client company’s cryptocurrency operations
- Submitting application for the license to Czech authorities and communication in the course of license issuance
- Hiring and training an AML officer for the company and adapting their skills to the company’s operations. Instructing the officer on regulatory reporting and registration
- Preparation of AML Officer’s registration form at FAU and application submission
CORPORATE ACCOUNT OPENING AND ACCOUNTING
Result: The company is fully operational; the corporate account is open and the organization meets the requirements of the tax authorities (accountant integrated) as well as the supervisory authority as a virtual asset service provider
- Analysis of the most suitable Banks/EMIs, comparison of the risk appetite of the bank in relation to the risk appetite of the Client based on previously prepared AML policies
- Collection of necessary documents from the Client side to initiate the process (flow of funds, source of wealth, description of the purpose of opening an account, key partners, company website, utility bill, etc.)
- Initiation of the onboarding procedure simultaneously in 2-3 crypto friendly EMI’s
- Guiding the Client’s company through the entire process of opening an account
- Development of accounting rules for the client’s crypto company
- Integration of an accountant and preliminary consultation on the conduct of activities within the framework of crypto accounting
Overview of Crypto Regulation in Czech Republic
Project time frames | 1 to 2 months |
State fee for application | 0€ |
Required share capital | 1CZK |
Corporate income tax | 21% |
Annual supervision fee | 0€ |
Local staff member | Not required, recomended |
Physical office | Not required, recomended |
Accounting audit | Not required |
Sustainability | Not Sustainable |
Bank account options | European EMIs |
Advantages of Czech Republic Crypto License
One of the fastest licenses in the EU (2-3 weeks). One week for company incorporation and 1-2 weeks for registering exchange and custody activities within the Trade Licensing Register
Allows to onboard EU customers freely. For non-EU residents EIDAS methods of verification apply in addition to generally accepted KYC measures
No local substance requirements. The company director, AML officer, and HQ could be allocated abroad
No strict qualification requirements for senior management. No due diligence of board members and KYC officer, except a requirement to provide a certificate of non-criminal record
One of the most attractive tax regimes in the EU based on the tax competitiveness index score 5 out of 37 EEA member states
Costs for initial legal setup and legal maintenance. Vary from 1900-7000 EUR depending on the infrastructure component preferences
No share capital requirements. 1 Czech Krone without requirement to open a corporate account
Types of Crypto Licenses in the Czech Republic
Czech legislation doesn’t have separate types of licenses for crypto-activities and the license may be obtained in the field of activity No. 81 “provision of services related to a virtual asset” and Czech AML Act defines the crypto company as an entity, which in the course of its business activity, buys, sells, stores, manages, transfers or mediates the purchase or sale of a virtual asset, provides financial services related to the offer or sales of the virtual asset, or provides other similar services associated with the virtual asset. For this reason Czech crypto license covers the following transaction types:
Exchange of fiat currency to virtual currency and vice versa
Required when exchanging cryptocurrency for a fee.
Exchange of virtual currency to another virtual currency
Allows a firm to exchange digital currency for FIAT or vice versa for a fee.
Opening virtual currency wallets and keeping wallets’ private keys (Custodian wallet service)
When providing the exchange services of items 1 and 2
Virtual currency transfer service
Companies introducing wallets for storing cryptocurrency, creating encrypted client keys, as well as storing them.
Other crypto activities in the Czech Republic
Czech AML law defines cryptocurrency as electronically storable or transferable unit that is capable of performing a payment, exchange or investment function whether or not it has an issuer with exception of financial instruments (in the meaning of MiFID), electronic money (in the meaning of E-Money Directive) or fiat money (in any form). Therefore, Czech’s virtual currency definition covers all utility tokens, including some stablecoins, but for operation with security tokens additional license may be needed. It’s important to note, that some of activities related to crypto assets may require additional licenses (e. g. investment firm license, asset manager or fund manager licenses, etc.), however there’s no restrictions or even requirements to be licensed for companies, which are using crypto for their own purposes, like:
- they only accept virtual currency as payment for goods or services;
- operate mining facilities or combined mining;
- they issue the game currency, i.e., the computer game operator issues the game currency, but it is not a virtual currency.
For understanding if some activity requires a crypto license in Czech Republic or another financial license (usually issued by CNB), as well as for qualification of certain cryptocurrency, it is recommended to consult with our lawyers. As for preliminary assessment of crypto-related activities we would also recommend reviewing the following legal acts:
- Banks Act – establishes grounds for Banks’ activities and may help for understanding principle of custody services provision.
- Law On Business On The Capital Market – contains definitions of Financial instruments, as well requirements for transactions with such instruments.
- Act on Investment Companies and Investment Funds – contains Basic principles of asset management and requirements for fund managers.
- Payment Systems Act – regulates payment systems (incl. EMIs) and licensing of this type of business
Learn more about how to set up a crypto company in the Czech Republic
Opening a crypto company in the Czech Republic is one of the main requirements for obtaining a cryptocurrency license in the Czech Republic. With the right approach and following all the steps, you can quickly and efficiently create a company ready to legally operate in the cryptocurrency industry. For those who prefer to manage the process remotely, it is possible to register through a trusted person.
Verify the company name
Step 1
- Before registering, make sure that the chosen name for your crypto company is unique and not used by other businesses in the Czech Republic.
Prepare the incorporation documents
Step 2
- Draw up and notarize the founding documents, including the company’s articles of association. These documents should contain basic information about the company and its activities.
Proof of criminal record
Step 3
- Obtain a criminal record certificate for all founders and key persons of the company. This certificate should be issued by a competent authority and confirm that there are no barriers to participating in cryptocurrency activities.
Open a corporate bank account
Step 4
- Open a corporate bank account in the Czech Republic to transfer the minimum authorized capital, which is only 1 Czech crown (approximately 0.04 euros).
Obtain a registered office
Step 5
- Obtain a legal address for your company, which must be registered for at least one year. This address will be used for official correspondence and reporting.
Register your company
Step 6
- Register your company in the Czech Republic’s Register of Enterprises. During the registration process, you will need to pay a government fee of CZK 6,000 (approximately €243).
Obtain a trade license
Step 7
- Obtain a compulsory trade license from the Register of Trade Licenses. This license is required to legally do business in the Czech Republic.
Register with the tax authorities
Step 8
- Register with the Czech tax authorities for tax obligations and reporting.
Appoint an AML Officer
Step 9
- Appoint an anti-money laundering (AML) officer. This officer will be responsible for developing and implementing the AML/CTF policy and ensuring compliance.
Develop an internal policy
Step 10
- Develop an internal anti-money laundering and counter-terrorist financing (AML/CTF) policy and data protection procedures by the GDPR.
Register with the FAU
Step 11
Register with the Financial Analytical Unit (FAU) of the Czech Republic to fulfill AML/CTF reporting requirements.
Basic requirements for a cryptocurrency company in the Czech Republic:
- Business model description and financial statements.
- Physical office registered in the Czech Republic.
- AML/CTF internal procedures for fraud prevention.
- Appointment and training of responsible AML employees.
- Description of equipment and software used.
- Procedures for the protection of confidential information by GDPR.
- Policies to ensure the security of client funds.
Find more information about the crypto license in Czech Republic
Taxation Of Crypto Companies And
Crypto Transactions In The Czech Republic
If you are planning to open a Czech cryptocurrency company, it is necessary to study cryptocurrency taxes in the Czech Republic. As in other European countries, taxation is regulated by the state tax authority. According to the generally accepted rules, the tax year must correspond to the calendar year, but the company may define the reporting year as the tax year.
Taxation for a crypto company may vary based on the services provided, but not from the standard regimes of other businesses, provided that the European Union government does not enact special legislation. Example: The CJEU (Court of Justice of the EU) has ruled that when paying value-added tax, cryptocurrency (such as BTC) is treated as traditional, and therefore the exchange services provided are exempt from VAT.
Moreover, in 2007, the Czech government introduced an additional obligation for banks: cryptocurrency exchanges and other providers of virtual financial services are required to identify customers. This was aimed at the transparency of cryptocurrency and creating conditions where the use of cryptocurrency by anonymous taxpayers would be difficult for tax evasion.
Cryptocurrency transactions are generally not subject to VAT but can be passed on to cryptocurrency buyers if the government wants to collect tax on the transaction. This happens very rarely, mostly the buyer is exempt from paying this tax.
That said, crypto companies that provide different types of services and products need to get registered as VAT payers.
Czech companies must pay the following tax rates:
- Corporate Income Taxes (CIT) – 21%
- Taxes on profits (BT) – 19%
- Capital Gains Taxes (WCL) – 0% to 19%
- Value Added Tax (VAT) – the basic rate of 21%
- Social Security (SVP) – 24.8%
- Health insurance (SA) – 9%
In addition, if the company has officially employed employees, it is necessary to pay social insurance, and health insurance, and make contributions to the pension fund Companies that are Czech residents are taxed based on their profits, while non-resident companies are taxed only on profits that have been earned in the Czech Republic.
However, if the main office of the company will be located in the Czech Republic, this company gets the status of a resident taxpayer. Remember that evading any state-mandated crypto tax payments in the Czech Republic entails liability.
Legal acts applicable to crypto companies in the Czech Republic
In the course of crypto-relate activity in Czech republic, the following legal acts shall be taken into account:
- Act on Certain Measures Against the Legalization of Proceeds of Crime and the Financing of Terrorism – established grounds of AML/CTF framework in Czech Republic and defines virtual currency, as well as obligations of Czech VASPs
- Criminal Code – describes criminal offences and penalties, including activities related to money laundering and terrorist financing
- International Sanctions Implementation Act – implements international sanctions regimes (incl. UN and EU) into Czech jurisdiction
- Trade Licensing Act – establishes grounds for acquisition of license in certain field of activity
- Business Corporations Act – Czech law on companies, regulating their incorporation, management, etc
Client’s Identification Requirements
For Czech VASPs
Czech crypto companies have an obligation to identify clients in case when volume of transaction(s) performed with the client exceeds 1 000 €. It’s applicable for one or more crypto exchange operations during the client’s lifetime (without term). Also, the same obligation exists, if there’s business relationship (long-term contract) is established with the client. It is applicable when VASP opens a crypto wallet for the client or makes an account on the platform.
Client’s identification should be performed in the course of a face to face personal meeting with the client. It means real meeting, not video or any other procedure. Nevertheless there’s some exceptions for avoiding personal meetings with a client. First exception is to use eIDAS means – it is in use in some EU countries, however there’s no many people outside the EU who have such means. Second option is using Bank ID – a specific solution, developed for the Czech market and used by Czech banks.
If these 2 options are not available, there’s also another exception which exceptions for avoiding personal meetings with the client. They require to collect at least 2 documents confirming identity (e.g. passport & ID card or driver’s license), conclude contract in writing and perform 1stpayment in the course of service provided through an account opened on the name of the client in the European Economic Area (EEA) payment institution. It also may create additional issues for clients, who are not residents of EEA: usually it may be problematic to open an account in EEA payment institution for such clients. It’s important to note that verification procedure (incl. making payment through the relevant account) shall be performed before starting other interactions with the client (e.g. opening crypto wallet, performing crypto to crypto exchange, etc.). This approach creates additional issues for VASP, which are not involved in transactions with fiat currencies (e.g. DAOs, DEX, ICO with only crypto funding).
Reporting requirements
Holders of Czech Republic crypto licenses are required to comply with specific corporate reporting rules that comply with International Financial Reporting Standards (IFRS).
- Annual financial statements:Contains a balance sheet, income statement, and explanatory notes. For companies that require a statutory audit, a cash flow statement and a statement of changes in equity are also required.
- Publication of accounts:Annual financial statements must be published in the Business Register and filed with the tax return.
- IFRS Compliance: All financial documents must comply with International Financial Reporting Standards.
For companies that meet at least two of the following conditions, an audit is mandatory:
- Annual turnover: more than CZK 80 million (approximately €3,234,413).
- Total assets: more than CZK 40 million (approx. EUR 1,617,206).
- Average number of employees: 50 or more.
FAQ about crypto license in the Czech Republic
Is cryptocurrency activity legal in the Czech Republic?
Yes, cryptocurrency activity is legal and authorized in the Czech Republic. Virtual currencies are regulated by EU law and have no restrictions in the Czech Republic. To set up a cryptocurrency company, it is necessary to register as a Virtual Asset Service Provider (VASP), obtain a crypto license in the Czech Republic, and comply with the AML-KYC requirements set by the Czech Ministry of Industry and Trade.
Why should I get a crypto license in the Czech Republic?
Compared to other European countries that offer cryptocurrency licenses, the Czech Republic stands out for its adherence to European regulations and lack of additional restrictions. Along with low corporate taxes and favorable conditions for business development, the Czech Republic is an attractive location for establishing and operating a cryptocurrency business.
Do you need a license to trade cryptocurrency in the Czech Republic?
If you work with cryptocurrency as your asset – you do not need a license. However, for any entrepreneurial activity and commercial use of crypto-assets, you need to get
a crypto license in the Czech Republic.
How do I get a crypto license in the Czech Republic?
In order to obtain a crypto license in Czech, a cryptocurrency company must notify the Czech Trade Register of its intended activities and, as a result, also report the start of its activities to the Financial Analytical Office.
What are the activities of the crypto license in the Czech Republic?
The most common business activities conducted by crypto companies could be divided into directly and indirectly regulated within the Czech regulatory framework applicable to virtual asset service providers.
Directly regulated – prescribed explicitly in the internal legislative act on combating money laundering as:
- crypto exchange for fiat and vice versa;
- exchange of cryptocurrency against other types of virtual assets;
- custody of crypto assets on behalf of third parties.
Indirectly regulated – not indicated in the law directly, but possible to conduct within the framework of VASP activities:
- Custody of fiat funds interpreted as counter obligation once Virtual Asset Service Provider (VASP) has received funds, e.g. VASP cannot dedicate an IBAN number for each platform user, therefore the storage of fiat funds of third parties is kept on their own account and considered as a counter obligation until the user of the platform will issue any execution order.
- Initial Coin Offering (ICO) – obligation for licensing arise when tokens are sold because the second party must be identified. Only utility tokens might be distributed this way, security token distribution requires another license.
- Escrow services with cryptocurrencies – As per money flow, such service will be estimated as custody of crypto assets.
- Informational services on user balance.
How long does it take to get a crypto license in Czech Republic?
Due to the straightforward process of registering a company and applying for a crypto license in the Czech Republic, the process of obtaining a license and company incorporation may last as little as 2-3 weeks.
Can non-residents of the Czech Republic own a crypto company?
Yes, there are no specific residency requirements for registering a crypto company in the Czech Republic. Both individuals and legal entities can set up a company in the country.
Is it necessary to have a bank account to obtain a crypto license in Czech?
No, a bank account is not required to obtain a license in the Czech Republic.
What capital is required to operate as a cryptocurrency company in the Czech Republic?
In order to obtain authorization, it is necessary to deposit authorized capital from 1 Czech Krona (CZK).
What is the validity period of a crypto license issued in the Czech Republic?
A cryptocurrency license in the Czech Republic is issued for an indefinite period of time and is not required to be renewed.
How can I contribute authorized capital to a crypto company?
The authorized capital can be contributed without the must to open a bank account, either nominally or upon the company’s establishment. No additional actions that would complicate the company registration process are required.
Where can I open a bank account for a Czech Republic crypto company?
Any legal entity registered as Virtual Asset Service Provider in the Czech Republic can open a corporate account for operating activities within any European payment system, nor outside the European Economic Area. Czech Republic Authorities do not apply any special requirements for crypto companies to maintain a corporate account within the Czech Bank or Payment System.
Do I have to pay tax on cryptocurrency in the Czech Republic?
Companies that are Czech residents are taxed based on their profits. Non-resident companies are taxed only on profits that were earned in the Czech Republic. However, if the main office of the company will be located in the Czech Republic, this company gets the status of a resident taxpayer. Income tax in the Czech Republic (BT) – 19%.
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