Financial
Real & Physical
Case study
Levionis SP ZOO
Services Provided: End-to-end VASP formation in Poland, including company incorporation, registration, AML/KYC policy development, and ongoing regulatory and reporting support.
Quick actions
Crypto License
Poland VASP Registration and CASP Application Planning
Move from Polish VASP registration to a MiCA CASP application
Fact Checked by: Maksim Gasanbekov
Poland Launch Essentials
Regulatory & Service Snapshot
Gofaizen & Sherle assesses readiness and prepares applications for businesses holding, exchanging or managing customers’ crypto-assets. A “crypto license” authorizes a crypto-asset service provider (CASP) under the Markets in Crypto-Assets Regulation (MiCA).
- Authority and Status Polish filing receiver unconfirmed
- Regulatory Output Authorization or eligible notification
- Services Customer activities determine scope
- Prudential Safeguards Class and overheads determine safeguards
- Local Presence Genuine EU operations and management
- Timing Preparation and review differ
- Professional Scope Documents, assessment and coordination
Check Your Business Fit
May fit
- Holding, exchanging or advising on customers’ crypto-assets can require CASP permission.
May not fit
- Software, lending, decentralized arrangements and token classification need individual analysis. A label does not establish exemption.
Separate Permissions: Issuers of asset-referenced tokens (ARTs) and electronic money tokens (EMTs) follow separate rules. Assess payment services and financial instruments under the Markets in Financial Instruments Directive (MiFID) separately.
Identify the Applicable Route
| Registration or License | When It Applies |
|---|---|
| Ordinary CASP | Current Legal Route: Articles 62/63 authorization; Authority: Home competent authority; Passporting: Article 65 notification; Limit: Authorized services only. |
| Eligible financial entity | Current Legal Route: Article 60 notification; Authority: Relevant competent authority; Passporting: Eligible scope; Limit: Services covered by existing permission. |
| EU-authorized provider serving Poland | Current Legal Route: Home permission and notification; Authority: Home authority; Passporting: Article 65; Limit: Other regulated activities need separate permission. |
Under Article 59, ordinary CASPs need a registered office in an EU Member State where at least part of their services is carried out, effective management in the EU and at least one EU-resident director. An address alone is insufficient.
Map the Services You Provide
Article 3 lists ten services:
- Custody and administration; operating a trading platform;
- Exchange for funds; exchange for other crypto-assets;
- Executing orders; placing crypto-assets; receiving and transmitting orders;
- Advice; portfolio management; transfers on clients’ behalf.
What Gofaizen & Sherle Will Handle?
Gofaizen & Sherle’s CASP application support can cover:
-
Assessment & Setup
- review your activities and route; the authority decides authorization;
- coordinate setup; you run genuine operations.
-
Application and Governance
- prepare documents; management supplies evidence and implements controls.
-
Systems and Staffing
- coordinate technology, transfer controls and recruitment;
- vendors build systems and auditors check them where applicable.
-
Filing & Ongoing Support
- assist with a confirmed receiver and relevant permission;
- advise on policies and operations; management remains responsible.
Compare Quote Based Scopes
Readiness Assessment
Price on quote
- Deliverables: Review activities, gaps and route;
- Exclusions: Authority decisions; your implementation;
- Professional Fee: Individual quote;
- Official and External Fees: Confirm separately.
Ongoing Support
Price on quote
- Deliverables: Advise on policies and operations;
- Exclusions: Bank decisions; management remains responsible;
- Professional Fee: Individual quote;
- Official and External Fees: Confirm recurring costs.
Application Preparation
Price on quote
- Deliverables: Prepare application and governance documents;
- Exclusions: Polish filing conditional; management implements;
- Professional Fee: Individual quote;
- Official and External Fees: Confirm filing and vendor costs.
Confirm tasks, taxes and charges in your quote. Fund safeguards and operations separately.
Prepare for Authorization
-
Gofaizen & Sherle assesses your information and identifies the route.
-
The team prepares documents; management and vendors implement and document controls.
-
Applicant management submits complete documents to the confirmed receiver with Gofaizen & Sherle’s assistance.
-
The authority assesses the file and requests information where needed.
-
Management maintains controls; cross-border services require notification and authorized scope.
Gather Your Starting Information
-
Ownership & Management
Entity details and Legal Entity Identifier (LEI),
ownership and management information -
Business Model
Services, customer markets and fund flows, service-specific custody, platform or execution policies
-
Compliance & Systems
Governance and financial-crime controls, information and communication technology (ICT) and continuity plans
-
Financial Safeguards
Safeguards and financial forecasts
The full application needs further evidence.
Why Gofaizen & Sherle?
-
Project assessment
-
Structuring & Classification
-
Documentation
-
Implementation support
Preparation and Review
-
Receipt acknowledged
within 5 days from receipt.
-
Completeness checked
within 25 days from receipt.
-
Decision made
within 40 days from a complete application.
-
Applicant notified
within 5 days after the decision.
Documents, systems and staff determine preparation time. Article 63 sets authority clocks in working days. A permitted first substantive information request can pause assessment for up to 20 working days. These clocks do not guarantee a launch date.
Understand the Applicable Framework
Ordinary CASPs must maintain prudential safeguards equal to the higher of the class minimum or 25% of the previous financial year’s fixed overheads. New businesses forecast fixed overheads for their first 12 months. Qualifying own funds, insurance or comparable guarantees, or a combination may meet Article 67 conditions. Eligible Article 60 entities are exempt from Article 67.
Class 1 is €50,000 for execution, placing, transfers, receiving/transmitting orders, advice and portfolio management. Class 2 is €125,000, adding custody and both exchanges. Class 3 is €150,000, adding a trading platform.
Current CASP Application Status in Poland
| Item | Status and evidence |
|---|---|
| Polish CASP application route | Official Evidence: October 13 review. What It Means: Submission procedure remains unconfirmed. Before You Proceed: Confirm the receiving authority and filing instructions. |
| Proposed national law | Official Evidence: Sejm Bill 3173, status dated October 6. What It Means: The proposal is not evidence of a law taking effect. Before You Proceed: Check its progress and any published effective date. |
| Legacy VASP registration | Official Evidence: KNF notice dated June 23. What It Means: Registration does not replace MiCA permission after July 1, 2026. Before You Proceed: Confirm the permission covering your planned services. |
Plan Your Operational Controls
- Management and Outsourcing: Management answers for governance and outsourcing under MiCA Articles 68/73. Keep reviewing policies.
- Client Assets: Under Article 70, operations segregates client assets and funds and places relevant non-EMT funds with a credit institution or central bank by the next business day.
- Preventing Financial Crime: Assigned staff check customers and beneficial owners, monitor activity and provide training under Polish AML rules. Update risk assessments as needed and at least every two years.
- Transfer Information: Operations and compliance collect required TFR transfer information and handle missing data.
- ICT Resilience: ICT managers report incidents, test systems according to risk and check vendors’ work under DORA.
- Handling Records, Complaints and Conflicts: Compliance handles complaints free and reviews conflict policies annually. Keep MiCA records five years, up to seven on authority request. Keep AML customer records five years from relationship end or an occasional transaction, subject to extension conditions.
Avoid an Unauthorized Launch
A legacy virtual asset service provider (VASP) entry does not permit MiCA services after July 1, 2026. Unauthorized operations create enforcement risk.
A confirmed procedure for submitting CASP applications in Poland has not been identified. Before filing, check which authority can receive your application and whether it has published submission instructions.
The Sejm’s record for Bill 3173 shows a proposed crypto-assets law, with the latest recorded status dated October 6, 2026. A bill does not establish an available application route.
Before submitting documents, confirm the receiving authority and its filing procedure.
Assess Tax and Reporting Duties
Corporate income tax (CIT) is usually 19%. Qualifying small or new businesses may pay 9%, with income limits and exclusions. Capital gains stay at 19%. Private investor rules differ.
Value-added tax (VAT) exemption covers qualifying currency-exchange transactions; custody, other services and tokens need separate assessment.
Under enacted DAC8 tax-information rules, applicable reporting providers’ first period is 2026, with reporting due June 30, 2027. Tax reporting does not authorize services.
Prepare for Account Provider Review
Banks, electronic money institutions (EMIs) and payment service providers decide account acceptance. Gofaizen & Sherle helps prepare:
- Authorization status
- Ownership and source of funds
- Fund flows, customers and markets
- Operational controls
Relevant payment services require separate permission.
Compare Other EU Home States
Choose a home for genuine operations under Article 59. Passporting covers authorized services after Article 65 notification.
- Lithuania — Filing Availability: Published application route; Regulator: Bank of Lithuania; Substance: Genuine activity; shell companies scrutinized; Passporting: Article 65 scope; Practical Fit: Documented management arrangements.
- Spain — Filing Availability: Published manual/forms; Regulator: Spain’s securities regulator (CNMV); Substance: Article 59; Passporting: Article 65 scope; Practical Fit: Spanish home operations.
- Czech Republic — Filing Availability: Published route/contact; Regulator: Czech National Bank (CNB); Substance: Article 59; Passporting: Article 65 scope; Practical Fit: Identified receiver.
- Germany — Filing Availability: Published procedure; Regulator: Germany’s financial regulator (BaFin); Substance: Article 59; Passporting: Article 65 scope; Practical Fit: Formal submission and introductory meeting.
Official Sources
- MiCA Article 59 • Authorization routes
- KNF Transitional Notice • VASP registration limits
- Sejm Process 2363 • Legislative history
- EBA Travel Rule Guidance • Transfer controls
- ESMA DORA Overview • ICT resilience
- Polish AML Act • Financial-crime duties
- CIT Rates • Corporate taxation
- Tax Information Exchange Act • Reporting duties
Frequently Asked Questions
Is Polish VASP registration enough after July 1, 2026?
No. The entry does not replace MiCA permission after that date.
Which crypto services need CASP authorization?
MiCA covers ten client services; eligible financial entities may use Article 60 notification within their permitted scope.
How are prudential safeguards calculated?
Take the higher of the class minimum and 25% of last financial year’s fixed overheads. New businesses estimate fixed overheads for their first 12 months. Own funds, insurance, comparable guarantees or a mix must satisfy Article 67. Qualifying Article 60 entities are exempt from Article 67.
What information should my team prepare?
Prepare entity, ownership, services, flows, forecasts and controls, plus further application evidence.
When will the authority decide?
The authority’s decision is due within 40 working days of a complete file; information requests may pause review. Preparation also takes time; launch dates aren’t guaranteed.
Can an EU authorization cover services in Poland?
Yes, within authorized scope after Article 65 notification; separate regulated activities still need their own permissions.
Does authorization guarantee a business account?
No. The bank or EMI reviews your business and decides whether to open an account.
What controls do CASPs need?
Assigned owners must maintain governance, asset protection, applicable AML/TFR controls, DORA resilience, records and complaint handling.
Which taxes and reports need checking?
Assess corporate tax, transaction-specific VAT and applicable DAC8 duties; individual investor treatment cannot be applied automatically.
Crypto
MiCA License Support
Choose an EU home state and prepare your MiCA application
Learn more
Compliance
AML auditing
An independent check of your AML framework, with clear next steps
Learn more
Banking
High-Risk Business Bank Account
Prepare a strong application for a high-risk business account
Learn more
Client Testimonials
Trusted by Industry Leaders
We at Invity and SatoshiLabs as a whole were extremely pleased with the legal support provided by Gofaizen & Sherle in establishing our virtual assets business in Lithuania. Their expertise and thorough understanding of the virtual assets landscape were invaluable, ensuring that every aspect of our setup was compliant and robust. The team's professionalism and dedication made the entire process seamless and stress-free. We highly recommend Gofaizen & Sherle for their legal services in the virtual assets sector.
Jan Chudoba
Head of Legal Invity
Case study
Connect with our experts
Our experts will tell you how to do it as quickly and easily as possible.
Partner, Head of Sales (Crypto and Blockchain)
Get in touch