Crypto License in Poland
Due to the growing popularity of virtual currencies, Poland has become a favourable jurisdiction in terms of taxation of cryptocurrency business and fast legalisation. Gofaizen & Sherle provides professional support in remote obtainment of a Poland crypto license (VASP in Poland) with a turnkey contract guarantee in less than 4 weeks and offers ready-made solution.
According to the National Bank and the KNF Financial Supervision Authority, anyone who has registered and operated a cryptocurrency business before 1 November 2021 needs to get on the register by 1 May 2022. Moreover, the Polish government has considered taxing profits from digital assets from the beginning of 2022.
A declaration on the creation of the European Blockchain Partnership (EBP) was signed. However, after signing bilateral agreements between the Polish government and state representatives of 84 world countries, on avoiding double taxation, the country confirmed the status of a favorable jurisdiction for crypto-business from a taxation perspective.
Currently, there is no authority in Poland issuing a license for the exchange and custody of cryptocurrencies. In order to be compliant with Polish legislation as a virtual asset service provider (VASP), it is required to register a limited liability company (Sp. z o.o.) within the trade register as VASP, pay the share capital of PLN 5000 (approximately EUR 1200), submit AML procedural rules, and appoint an AML officer in charge. The aforementioned actions will allow the company to perform the following activities:
- The exchange between virtual currencies and fiat money (for example EUR to BTC or BTC to USD);
- The exchange between virtual currencies (for example BTC to ETH);
- Custody services (keeping private keys on behalf of third parties).
Crypto companies in Poland have to comply with generally accepted European regulatory standards based on AMLD: the impeccable reputation of company owners and directors, regular verification of the company’s customers (KYC), revealing suspicious and non-standard transactions, and reporting to regulatory authorities.
Ready-made company with crypto license in Poland
Upon Request
Price
1-2 weeks
Duration
Advantages of a Poland crypto license
The trust of clients and investors
Possession of a crypto license in Poland becomes a kind of guarantee of competence, reliability, and high professionalism of the company. Most clients actively prefer to cooperate with licensed firms, as it provides them with peace of mind and confidence that their investments are in safe hands and under the protection of the jurisdiction.
Scaling up
Poland’s crypto license allows companies to explore new markets and establish partnerships. Thanks to Poland’s authoritative cryptocurrency laws, licensed companies often have advantages when dealing with international partners and clients.
Security and legal stability
Poland’s inherent business protection and jurisdictional stability – provide license holders with confidence in the legality of their actions, and protection of their rights and interests as a business. This allows us to work and scale in the legal environment with peace of mind.
Transparent taxation
Cryptocurrency license in Poland provides businesses with a clear understanding of their cryptocurrency tax obligations. This allows companies to strategically plan their finances and avoid unforeseen fines or penalties, which is becoming an important factor in the volatile world of cryptocurrencies.
Access to digital assets
Polish crypto exchanges provide license holders with access to a variety of digital assets, including altcoins and new tokens other than Bitcoin and Ethereum. This promotes portfolio diversification and creates potential for investment.
Security
Crypto exchanges in Poland give top priority to security to protect users’ funds and sensitive data. They actively apply strong security protocols, including two-factor authentication (2FA), ensuring that funds and sensitive user data are well protected.
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Service packages for registration of crypto license in Poland
Choose the best package of services for obtaining a crypto license in Poland (Polish VASP)
Corporate account for business activity + Board member/AML Officer with local residence + entire maintenance.
- Full Turnkey Company Formation;
- Registering as Polish VASP within the Regulator;
- Address of Registration for one year;
- Obtaining Polish Trusted Profile (“EPUAP”);
- Individual AML/KYC Policy;
- Handling the communication with General Inspectorate of Financial Information (GIFI);
- Apostilled and Translated corporate documents;
- Assistance in opening Business account for crypto operating activity;
- Search, integratioon, direct employment agreement for Local Board Member / AML officer.
Exhaustive set up of company infrastructure for the start of operational activity.
- Full Turnkey Company Formation;
- Registering as Polish VASP within the Regulator;
- Address of Registration for one year;
- Obtaining Polish Trusted Profile (“EPUAP”);
- Individual AML/KYC Policy;
- Handling the communication with General Inspectorate of Financial Information (GIFI).
Registration of the Virtual Asset Service Provider under the minimum regulatory requirements.
- Full Turnkey Company Formation;
- Registering as Polish VASP within the Regulator;
- Standard AML/KYC Policy.
Persons who deal with virtual currencies and representatives of Polish crypto companies must have knowledge or experience related to activities in this field. If requested by the regulatory authority, proof of this requirement should be provided.
Requirements for a crypto license in Poland
The following requirements are some of the most important traits that must be fulfilled by a Polish Company that wishes to offer services in the crypto sector:
- Establishment of internal policies (AML/KYC), as well as internal control policies,
- Appointment of a qualified employee responsible for fulfillment of AML/CTF obligations as specified in the Act on Counteracting Money Laundering and Terrorist Financing,
- Creation of necessary procedures for the establishment and monitoring of business relationship and identification of customers that benefits from the services of the company,
- Implementation of necessary procedures for fulfillment of international sanctions,
- Installment of necessary infrastructure for the safe storage of customers’ data,
- Outlying necessary procedures for reporting suspicious transactions and other operations,
- Ensuring the company’s shareholders and senior management have a good business reputation and clear criminal record,
- Implement risk-based approach in the course of licensed virtual asset related activity, taking into account the risks identified through relevant risk assessments.
Procedure for obtaining a Crypto license in Poland
After 7-9 weeks company will be fully registered as a Virtual Asset Service Provider and 3-4 weeks will be required extra to become fully operative and open a Bank account.
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.
- Analysis of the project;
- Collection of necessary documents for the KYC purposes and the description of the desired business;
- Preparation of power of attorney for notarization and legalization;
- Verification of the name chosen for the business;
- Collection of data related to shareholders and the criminal record of the director;
- Documents receiving at our office in Poland.
REGISTRATION OF A LIMITED LIABILITY COMPANY (SP. Z.O.O. OR SA)
Result: The company is registered in Commercial Register with the desired name; the company is ready for registering their crypto related activities in cryptocurrency business register with the Tax Administration Chamber.
- Conducting sworn translation of power of attorney and certificate of criminal records in Polish;
- Carrying out the notarial deed for company registration;
- Entry of company data into the commercial register and business register;
- Preparation for the acquisition of Polish Tax Number (PESEL).
CRYPTO LICENSING PROCESS IN POLAND
Result: The company has registered its activities related to the field of crypto assets and it is ready for operations.
- Collecting additional information about the client’s business (identifying risk appetites, geographical location of the desired customers, nature of the business and other details) and drafting of AML/KYC policies tailored to the needs of client company’s cryptocurrency operations;
- Submitting application and other necessary documents for registering business activity to the Polish Authorities and communication in the course of registration process;
- Hiring and training an AML officer for the company and adapting their skills to the company’s operations, in accordance with the Polish Law. Instructing the officer on regulatory requirements and their obligations;
- Appointment of the qualified employee as an AML Officer;
- Translation of internal documents to Polish.
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.
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Types of crypto licenses in Poland
Since 31 October 2021, all crypto related activities has become regulated activities, thus the law started to impose additional obligations to the entities and required them to acquire necessary licenses by registering in the cryptocurrency business register with The Tax Administration Chamber in Katowice through e-PUAP system.
However, as per Article 2.1 of Polish Act on Counteracting Money Laundering and Terrorist Financing, the Polish Law recognizes Virtual Asset Service Providers as Obliged Entity, and the law makes certain distinctions between the service types that can be offered by them. While also imposing different obligations on these entities, depending on the activities they offer, it also requires them to acquire relevant license through registration to the cryptocurrency business registry:
Exchange between virtual currencies and means of payment.
Exchange between virtual currencies.
Intermediation in the exchanges referred to above.
Keeping accounts ensuring that authorized persons can use units virtual currencies, including their exchange transactions (custodian wallet service).
Overview of Crypto Regulation in Poland
Project time frames | up to 1 month |
State fee for application | 0€ |
Required share capital | PLN 5000 (approximately EUR 1200) |
Corporate income tax | 19% |
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 |
Crypto Company registration in Poland
One of the requirements for obtaining a crypto license in Poland is to register a Polish cryptocurrency company with limited liability – sp. z.o.o (spółka z ograniczoną odpowiedzialnością).
Registration starts with an entry in the company registry. At the same time, you do not need notarization, as the company registration can be done by electronic signature, and the package of corporate documents for a Polish company can be received by mail.
There are several requirements for successful registration:
- Share capital of at least 1200 euros;
- Local office with a registered office in Poland;
- Compliance of the company with AML policies;
- Obtain a Polish tax number PESEL, as well as a static number REGON, and a tax identification number NIP;
- Application for VAT number;
- Payment of the registration fee (approx. 108 EUR);
- Unique company name;
- Corporate account in a Polish bank.
Responsibilities for crypto companies in Poland
One of the main requirements when applying for a cryptocurrency license in Poland is the appointment of an AML officer in a senior position. His/her main responsibilities include monitoring and reporting suspicious transactions, as well as communicating with the Polish authorities.
The incumbent is required to ensure that the following requirements are met:
- Compliance with KYC regulations;
- Reporting;
- Developing a risk prevention plan and reporting on risk assessment;
- Storing and protecting personal data according to GDPR standards;
- Organizing staff training on AML policies;
- Ensuring transaction security;
- Filing monthly reports.
In addition, there are minimum requirements for Poland crypto license recipients:
- Registration of a limited liability company in the local registry;
- Availability of authorized capital – 1200 euros;
- Local Office;
- AML Officer;
- Impeccable reputation of the directors;
- Development of a realistic business plan;
- Implementation of AML/KYC policies (with software);
- Risk assessment.
Registering a Polish company in the registry of cryptocurrency companies
To legally operate in the cryptocurrency sector, every company must be registered in the Polish business register. The application must be submitted electronically on the public administration services platform.
The main regulator that controls cryptocurrency activity in Poland is the Chamber of Tax Administration. In case of compliance with the requirements and submission of the necessary package of documents, the regulator will enter the company into the register within 14 working days. If mistakes are made or missing documents are found, it is allowed to reapply.
According to Polish Law, every company that plans to provide cryptocurrency services is obliged to register with the Registry. This requirement applies to the following services:
- Crypto to fiat exchange;
- Crypto to crypto exchange;
- Wallet services;
- Brokerage services.
Please note that any business that fails to register with the registry before starting its business can be fined around €22,000.
Registration process:
- Compliance with all the eligibility requirements;
- Confirmation of the criminal record of the beneficiaries;
- Submission of ePUAP application;
- Payment of the fee (about 133 euros) to the bank account of PKO BP SA No 52 1020 2313 2672 0211 1111 1111 1111;
- Payment of the cost of the virtual certificate – 4 euros (if necessary).
If you have been refused registration, you cannot appeal against it, but you can submit a new application via ePUAP or to the postal address: Paderewskiego 32b, 40-282 Katowice.
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Crypto activities in Poland
The following activities are acknowledged as crypto activities in Poland.
Asset Exchange
Services providing possibility of interchanging virtual assets or purchase of virtual assets with fiat currencies from the service provider is categorized under this activity. Usually, the service provider offers a list of assets that is accepted by them, and only allows exchanges to be done between them and their customer. The customers can exchange one type of virtual asset to another or purchase the virtual asset with depositing fiat currency to the account of the service provider. Companies that offer asset exchange services may or may not allow transfers to the third parties, meaning the virtual assets acquired by the customers cannot be used as a tool to transfer value to third parties and the acquired virtual assets can be only used by them for investment purposes.
Asset Transfers
If a service provider allows exchange of virtual assets between third parties, their activity will be categorized as an asset transfer. Asset transfer services allows their customers to use the virtual assets to be used as a means of payment or transfer of value. The company may be a close circuit service provider, where only internally purchased virtual assets can be transferred between third parties, or it can be an open circuit and allow movement of funds acquired from third parties. In both cases, the service provider becomes subject to Financial Market Supervision and Payment Services Act and obtains further obligations at top of existing obligations for being an obliged entity under the Act on Counteracting Money Laundering and Terrorist Financing.
Marketplaces, Intermediary Services for Sale or Trade
Any intermediary service facilitates exchange, trade or transfer of virtual assets are categorized under this activity. In order to be an intermediary, a company must offer a service which allows execution of financial operations by the will of its customers which does not require their involvement. Usually, the assets in circulation are not under the possession of the company that is offering these services. This means that the company provide a marketplace that facilitates the exchange between crypto to crypto, fiat, or any other asset between third-parties.
Custodian Wallet Service
Custodian Wallet Service is the practice of safe keeping and the virtual assets of a customer in a corporate owned electronic storage system. This service is usually given directly by the service provider or through a third-party solution provider which provides infrastructure for the service. As a general practice, usually, the private key of the wallet is held securely by the service provider and only the public key is given to the customer. The customers of the service providers would require their assistance for the execution of transfers to third-parties, which can be done through direct requests, phone applications, or widgets provided.
Other crypto activities
The Polish Legal System does not have a comprehensive structure that is regulating the crypto related affairs. This means that virtual currencies are not observed as a type of money, and from mining to the purchase, and sale of these assets are recognized as activities that is not prohibited by the law. However, considering the overlaps between certain Acts, The Polish Financial Services Authority has published a statement in 2020 which has resulted with classification of virtual currencies under 3 categories, briefly, they are:
- Payment Tokens: These tokens are also known as Currency Tokens or Exchange Tokens. For a token to be classified under this category, it must possess an Issuer and tokens must represent a fixed value in fiat currency, fitting to the electronic currency described in Payment Services Act.
- Utility Tokens: This is the category of token which has been created for a specific functional purpose. The owners of these tokens are granted specific features that cannot be accessed without holding the token in question.
- Security Tokens: Polish law observes security tokens in different perspectives because they are seen as candidates to be governed under both Act on Trading in Financial Instruments and Act on Alternative Investment Fund Management since these tokens has the potential to provide incorporate rights similar to traditional securities or provide participation rights in investment related actions of the company and classified under this category.
As well as the type of service, it is also important to correctly identify the category of token before an application is made for licensing as it also determines all of the obligations that will be imposed on your company. If you are unsure which category your project falls under, our lawyers will assist you with its correct classification.
Responsibilities of VASPS
Despite the Polish Laws does not directly regulate the virtual asset related affairs, it regulates the entities that is involved with the virtual assets. Obligations do vary depending on the service and category of virtual currency that is offered by the entity, however a Polish VASP is required to only conduct the activity that it is registered for in the register and take necessary precautions for the type of virtual currency they are involved with. Failure the comply with these requirements will result with a punishment up to PLN 100.000 and other administrative punishments depending on the severity of the offense.
Moreover, without making distinctions on the type of the service or the activity conducted by the entity, a Polish VASP also has the obligation to take necessary precautions against illicit use of their services, record the personal information about their clients, and take extra measures for the transfers exceeding €1000. If the VASP does not comply with these obligations it may be subject to administrative penalites and €5 Million or %10 of turnover.
New EU regulations applied to Poland
The European Union will actively tighten the rules regarding regulating CASPs (cryptoasset providers). The MiCA law has been adopted by the European Parliament since 2022. MiCA is a regulatory framework developed by the European Commission to regulate crypto-asset markets and crypto-related services that do not currently fall under the scope of EU regulation.
It has been in place since 2018 and aims to provide a single licensing regime for all EU member states to harmonize the regulation of cryptocurrency creation and trading in line with the European Digital Finance Strategy. The law establishes a pan-European framework for conducting cryptoasset business and covers all virtual currencies, including cryptocurrencies. The new regulation is designed to protect investors, mitigate risks, and combat financial fraud. It also obliges service providers to comply with certain security standards and obey the rules set by regulators in the European Union.
Key objectives:
- Providing legal certainty for cryptoassets not regulated under current EU financial services legislation. There is a clear need for this at the moment.
- Establishing uniform rules for cryptoasset-related service providers at the level of European Union legislation. This will help avoid inequality and chaos in this area.
- Replacing the existing national framework applicable to crypto assets that do not fall under the regulation of the current EU financial services legislation. A single regulatory approach will help avoid fragmentation and conflicts between national rules.
- Establishing special rules for “stablecoins” and e-money. This will ensure consumer and investor protection and support the stability of financial markets.
Key requirements for CASPs:
- Regulatory Compliance: Companies must comply with all applicable laws and regulations, including those relating to anti-money laundering and counter-terrorist financing.
- KYC (Know Your Customer): CASPs must conduct customer identification procedures and collect customer information by applicable regulatory requirements.
- AML (Anti-Money Laundering): establish and maintain systems and procedures to detect and prevent transactions related to money laundering and terrorist financing.
- Monitoring systems: companies should have monitoring systems in place to identify and track suspicious transactions and activities.
- Security: ensure a high level of security in the storage and transfer of virtual assets, using modern technology and security methods.
- Regular audits: companies should conduct regular audits of their systems and procedures to ensure their effectiveness and compliance with applicable requirements.
- Cooperation with regulators: CASPs must cooperate with regulators and provide them with necessary information and documentation upon request.
MiCA will apply in all European Union (EU) member states, so if you plan to operate in Poland or elsewhere in the European Union, you should consider the new rules to operate legally.
Poland is preparing to introduce a new regulatory framework for digital assets in 2024, integrating the The Markets in Crypto-Assets Regulation (MiCA). The government has announced that the bill will be presented to Parliament in the second quarter of the year, giving the Polish Financial Supervision Authority (KNF) expanded powers.
The KNF now licenses virtual asset service providers (VASPs) and will continue to do so, but with additional powers similar to those held by BaFin in Germany and the FCA in the UK. The new bill will allow the KNF to supervise cryptocurrencies, take action against non-compliant VASPs, impose fines, and take violators to court.
Polish Virtual Asset Service Providers (VASPs) will need to prioritize user privacy and data protection, opting for smart contracts over traditional paper documentation. These actions are geared towards aligning with MiCA integration, which is set to enhance oversight of the crypto market and bolster investor protection measures.
Thus, the introduction of new rules will create a legal framework for the efficient functioning of crypto-asset markets and strengthen the KNF’s role in investor protection.
Taxation of crypto companies and crypto transactions in Poland
Just like the legal landscape surrounding virtual assets in Poland, the taxation scheme is also beneficial for businesses that wish to introduce themselves to this sector. The Polish Legal System does not consider virtual assets as a currency unit or a payment instrument, the profits from virtual assets are either classified under personal income tax (as income from cash capital) or as profits from business activities (as capital gains). In both cases a progressive tax scheme is available, while the private persons benefit from a rate between %18-%32, the businesses benefit from the rate of 15% or 19% depending on their size.
As of March 2023, Polish Companies are liable for paying the following tax rates:
- Corporate Income Taxes (CIT) – 19%;
- Taxes on profits (BT) – 19%;
- Capital Gains Taxes (WCL) – 19%;
- Value Added Tax (VAT) – the basic rate of 23%;
- Social Security (SVP) – 19.48% to 22.14% (of gross salary);
- Health insurance (SA) – 9%.
What to look out for for legitimate activities within Polish taxation:
- Income from the exchange of crypto for fiat is defined as capital income;
- The difference of exchanging crypto for crypto is not considered as income;
- Any expenses that arise when exchanging crypto for crypto will not be considered costs;
- The provision of services to exchange crypto for fiat or fiat for crypto is not subject to VAT;
- In the annual report, income from cryptocurrency exchange must be reported and income tax must be calculated.
In 2024, tax rates remain virtually unchanged. However, some rules for cryptocurrency companies appear due to amendments to the Corporate Income Tax Act:
- Even with a small shareholding in another company (less than 5%) or when operating in special economic zones, companies can benefit from tax advantages on asset sales and capital gains exemption.
- The rules for transactions with legal entities registered in tax havens have changed. The documentation thresholds have now increased for transactions conducted directly with such companies. For financial transactions the threshold is PLN 2.5 million (approximately €532,000) and for non-financial transactions it is PLN 500,000 (approximately €106,500).
- The Polish cryptocurrency taxation system will be developed on the recommendations of the OECD, which has introduced a new international tax transparency system. The main goal is to establish common international standards for reporting cryptocurrency taxes to avoid heterogeneous practices in different countries.
Reporting requirements
Poland crypto license holders are required to comply with strict reporting and auditing requirements under MiCA integration and general Polish legislation regarding regulatory annual reporting and auditing requirements
Reporting requirements:
- VASPs are required to submit itemized quarterly reports with transaction and active customer data, including information on anti-money laundering (AML) and countering the financing of terrorism (CFT) measures.
- Companies must file financial reports that reflect their current financial condition and comply with accounting standards.
- The reports must include information on customer data protection and privacy measures.
- Cryptocurrency companies are required to file VAT reports on a monthly or quarterly basis.
Audit requirements:
- Independent audit of financial statements and operations by an EU-recognized audit firm.
- Companies are required to conduct internal audits to manage risk and review compliance with AML and CFT requirements.
- Regular reports on compliance with MiCA requirements and KNF laws.
- Verification of the security of IT systems and cryptographic keys.
In addition, all registered companies in Poland are required to file annual financial statements and income tax returns with the Electronic Tax Inspectorate, as well as AML reports with the Inspector General for Financial Information.
A certified audit is required if two of the following conditions are met:
- Annual revenue > €5 million.
- Annual turnover > €2.5 million.
- Staff > 50 employees.
Suspension of Activities and Fines
In Poland, running a cryptocurrency business without registration and a cryptocurrency license is strictly prohibited and is subject to severe fines. Registered companies that fail to fulfill their obligations are also subject to strict sanctions.
Administrative measures:
- Publication of information about the company and its illegal activities.
- An order to stop certain activities of the company.
- Exclusion of the company from the register of virtual currencies activities.
- Prohibition of executives from performing duties for up to one year.
Penalties for non-compliance with obligations:
Registered non-compliant companies may be fined up to €5,000,000 or up to 10% of their turnover.
Criminal sanctions:
Individuals who fail to notify the authorities of a suspected crime, provide false data, or conceal information may be imprisoned for between 3 months and 5 years.
These measures are aimed at ensuring the legality and transparency of the cryptocurrency business in Poland, as well as protecting the interests of investors and users.
Legal acts applicable to crypto companies
In the course of crypto-relate activity in Poland, the following legal acts shall be taken into account:
- Act on Counteracting Money Laundering and Terrorist Financing – laws establishing the grounds of AML/CTF and Sanctions framework in Poland, as well as obligations imposed on the entities involved with virtual currencies;
- Act on Financial Market Supervision – rules established for the activities performed by the entities providing financial services;
- Act on Financial Instruments – regulates the financial instruments offered by companies in Poland,
- Act on Investment Funds and Management of Alternative Investment Funds – provides the rules on investment funds and management of their alternatives;
- Payment Services Act and relevant amendments – describing the requirements and obligations imposed on entities that provides payment solutions or related services, including e-money institutions;
- Polish Penal Code – providing information on criminal offences and related penalties, as well as activities involving money laundering and terrorist financing;
- Cooperative Law – establishing the rules on incorporation, management, and general functioning of the companies in Poland;
- UN Sanctions (Resolution 1267 of 1999, Resolution 1988 of 2011) and EU Sanctions (Council Regulation No 2580/2001, Regulation No 881/2002, Regulation No 753/2011) – imposing restrictive measures against certain persons and entities.
FAQ about crypto license in Poland
Are cryptocurrency activities legal in Poland?
Yes, cryptocurrency activities are legal in Poland. Companies must comply with regulatory requirements, including registration with the Polish Financial Supervision Authority (KNF) and implementation of anti-money laundering (AML) measures. As part of the integration of the Crypto Asset Regulation Act in the European Union (MiCA), there are stricter requirements for crypto companies that will be implemented shortly.
Does Poland grant a license for crypto activities?
Poland grants Poland crypto licenses, despite the lack of official regulation for crypto licenses as in most EU countries.
Do you need a license to trade cryptocurrency in Poland?
Trading cryptocurrencies, or any other crypto-assets, with your funds (either as a natural or legal person) does not require a license in Poland. A license is required for providing services to third parties, including operating a trading brokerage, an exchange, etc.
What types of commercial activities can be conducted under the obtained crypto license in Poland?
The AML Act outlines four types of services related to virtual currency activities: exchanges between virtual currencies and fiat means of payment, exchanges between virtual currencies, intermediation of exchanges as described in a or b, and maintenance of electronic identification data accounts that allow authorized individuals to use virtual currency units, including conducting exchange transactions (wallets).
As for the background of cryptocurrency licensing in Poland, anyone who wants to engage in virtual currency activities, as defined by the AML Act, is required to obtain a Polish VASP license. This includes both Polish and foreign entities. The process for the cryptocurrency license in Poland involves applying to the competent authority, which then evaluates the application and approves or denies the license.
How do I get a crypto license in Poland?
To become registered as a virtual asset service provider in Poland, a company must complete the following steps:
- Register a physical office address in Poland;
- Submit copies of documents for company owners, directors, and senior managers that demonstrate an impeccable reputation and no convictions for law violations;
- Deposit the minimum required authorized capital;
- Establish clear rules for risk management and develop AML/KYC policies;
- Identify and verify clients before setting up business relationships or for transactions exceeding a certain amount;
- Prepare and submit activity reports to the regulatory authority.
Is it necessary to contact the local tax authority in crypto activities on behalf of a Polish company?
Yes, every company that conducts business in the country must report to the National Court Register (KRS, or Krajowy Rejestr Sądowy).
How long does it take to obtain a cryptocurrency license in Poland?
Based on 129r (3) of the AML Act, the relevant governmental office must register the entity in the virtual currency activities register within 14 days of receiving the application. However, the overall time to obtain a license may vary depending on whether you plan to conduct cryptocurrency-related activities within an existing company or need to establish a new entity. Nevertheless, preparing the necessary papers and completing the application should not take longer than one business day.
What is the cost of obtaining a cryptocurrency license in Poland?
Obtaining the cryptocurrency license in Poland itself is not expensive. The fee on the application for entry in the register of virtual currencies is PLN 616. In addition, if you want to obtain a certificate of entry in the registry it is necessary to pay a fee of PLN 17.
What is the minimum authorized capital for a virtual currency service provider?
Poland does not apply separate minimum share capital requirements to virtual asset service providers, besides those which are relevant to regular legal entities such as LLCs, PLCs, etc. Therefore, the minimum authorized share capital for registering an ordinary legal entity, such as a limited liability company, is PLN 5,000 (approximately EUR 1,200).
Is it possible to deposit authorized capital in cryptocurrency?
No, applicants may only deposit the required amount in fiat currencies. However, they also may not make the payment at the initial stage, but they will have a corresponding obligation within the framework of their commercial activities.
When do you need to deposit capital to open a company and obtain a crypto license in Poland?
Share capital could be deposited formally at the initial step of registration or with an actual deposit on the Bank account of the company at a later stage when the company is already incorporated.
What are the penalties for operating a cryptocurrency business without a license in Poland?
Conducting a business related to a cryptocurrency exchange or custody in Poland without a corresponding registration of Polish VASP within the local registry is subject to a fine of up to PLN 100,000. Such misconduct has a form of administrative offense. In case Polish VASP does not comply with their obligations, under certain circumstances the maximum imposed penalty can reach €5 Million or %10 of turnover.
Does a Polish crypto company have to appoint an AML Officer?
If a company conducts hundreds of transactions, the corresponding reporting requirements imposed on the company will also require a separate AML officer, Polish resident, and native speaker.
Due to the need for intensive interaction with the Polish Department of Financial Information (GIFI), such a person will be provided with access to the internal governmental system through which the submission of suspicious and non-standard reports will be conducted.
In case a company is not active or conducts 10-50 transactions per month, reports could be submitted in the English language by email and a separately designated person in Poland is not needed.
Is cryptocurrency regulated in Poland?
In 2024, a new regulatory framework will be introduced as part of the integration of the EU Crypto Asset Regulation Act (MiCA). A bill giving the Polish Financial Supervision Authority (KNF) more powers to regulate cryptocurrencies will be considered in the second quarter of the year.
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