Crypto License in Poland

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19% tax
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from 2 weeks
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from 3.900 €

Pricing for registration of Poland crypto license

Basic Package

Turnkey company formation, including VASP registration. Start now!

from 3.900 € Initial set up
no maintenance Maintenance per month
  • Registration as VASP with the Regulator
  • Registered legal company address for 1 year
  • Basic (mandatory) AML/KYC Policy
Popular
Standard Package

Turnkey company formation, Most commonly used package. Start now!

from 6.450 € Initial set up
no maintenance Maintenance per month
  • Registration as VASP with the Regulator
  • Registered legal company address for 1 year
  • Basic (mandatory) AML/KYC Policy
  • Turnkey Company Formation
  • Full communication with VASP Issuing authority for obtainment of authorization
Custom Package

Full turnkey crypto company formation and support in all necessary aspects

On request Initial set up
  • Registration as VASP with the Regulator
  • Registered legal company address for 1 year
  • Basic (mandatory) AML/KYC Policy
  • Turnkey Company Formation
  • Full communication with VASP Issuing authority for obtainment of authorization
  • Translated and apostilled set of corporate documents
  • Assistance in opening Business account for crypto operating activity
  • Assistance in formulating requirements, finding, interviewing and written agreement with AML/MLRO for your crypto company
  • Local accounting filing services

Professionals for Crypto License in Poland - Free Consultation

Kirill Gussev photo
Kirill Gussev Corporate Service Professional

How to get a Crypto License in Poland?

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1. Set-up a company in Poland
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2. Get your company identification number
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3. Fill an application to the licensing authority of Poland
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4. Submit the application
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5. Once successful: set-up AML & KYC policies and processes
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6. Start operating your crypto company

Crypto regulation/legislation in Poland - Pricing and Process [2023]

This complete guide to Crypto license in Poland includes every necessary information on how to get started with the Polish VASP regime. You will also get to know how to buy a company with a crypto license in Poland in 2023. Today, Poland is one of the easiest and best European crypto jurisdictions in 2023. Getting the license is simple and significantly faster than in other EU based crypto friendly countries. Also often underestimated, creating fiat railways, becoming banked or simply spoken, opening a bank account for a crypto company is possible with the Polish crypto license.  

Crypto License in Poland - General Information

The Polish Ministry of Finance is the regulatory body in general. Within the Ministry of Finance works the Tax Administration Chamber in Katowice, who under delegation of the Ministry issues the crypto licenses. There is also the GIIF (General Inspector of Financial Information), which is the AML regulator, but does not issue licenses, rather only makes inspections of licensed companies. This framework for crypto businesses has been up since the AML Act of 2018 and reinforced by the official governmental position on cryptocurrencies, stated by the Polish FSA position of December 2020. The Polish crypto license covers a wide range of activities: custodial services, fiat to crypto exchange, crypto to crypto exchange, etc. AML/KYC rules that apply are defined by the AML Act of 2018, , which is in broad terms in line with the FATF Guidelines on the matter. The required minimum share capital for a Polish crypto license company is 5,000 PLN (approximately 1,200 EUR). Poland is a growing European economy and has become the home for a big number of known names of the crypto industry (such as Binance, Transakk, BoomFi and many others). The crypto industry in Poland especially flourished since many companies shifted their activities from harsher jurisdictions such as Estonian crypto license and Lithuanian crypto license. This is due to the fact that the Polish framework is significantly more advantageous in terms of cost and operating requirements. In Poland cryptocurrency is NOT considered legal tender.  

Three points to remember about the Poland crypto license:

  • The Tax Administration Chamber in Katowice issues the crypto license in Poland
  • The license covers a vast number of crypto related business models, making it an enabling element and accelerator of business for crypto projects
  • There are alternatives to the Polish license, but Poland is one of the fastest licenses one could obtain to go to market quick
 

Process and Timeline: Obtaining a Crypto license in Poland

The process and timeline to obtain a crypto license in Poland is simple and short. It’s one of the fastest tracks to get a VASP license in the EU and being able to access banking services for the crypto activity. From scratch (Incorporation + Application for the Polish VASP license), it takes from 2-3 months to finalize a Polish crypto company. After that you should have all documents to initiate the onboarding process with a bank. The process can be shortened to about 1 month, by purchasing a ready-made crypto license company in Poland. Currently, there are no residency requirements to obtain and maintain the Polish license. This means there is no need for personnel to be citizens or residents of Poland. No need for a local office space, a legal address is sufficient. In case you still wish to obtain a local office space, we are also able to assist you with that. Your team should be composed, as a minimum, of a director and an AML officer. Both shall demonstrate competence (experience or knowledge of the field) and undergo a mandatory training on AML compliance in Poland. The process to obtain the Polish crypto business license is streamlined as such:
  • Company formation with a legal address
  • Gathering necessary information & documents of the founders
  • Compiling necessary AML and compliance documents (including suggested Risk Matrix, AML procedures and others)
  • Application to the Polish authorities to receive the license
  • Opening a corporate account in a crypto friendly bank
To successfully begin the set-up of a crypto project in Poland, the applicant will eventually need to prepare the following documents (all of which we are able to assist):
  • ID documents of participants (passport, driving license, proof of residency…)
  • CV of the director and AML officer
  • Short description of the business activities (orally is sufficient)
  • Certificate of incorporation (if applying for an existing company)
  • AML/KYC policies & procedures
 

Types of licenses in Poland

There is a single crypto license in Poland. The license covers many possible activities, but it is still compulsory to describe the intended activities and service to be provided while applying for the license. The Polish crypto license is, in other words, a validation by the authorities that your business is compliant with AML/KYC requirements as described in the AML Act of 2018. A licensed crypto company in Poland can:
  • Provide custodial services for crypto assets;
  • Provide the service of exchanging fiat for crypto and reciprocally;
  • Provide the service of exchanging crypto assets for other crypto assets;
  • Issue a token or cryptocurrency (provided the virtual asset is duly qualified as being legal and not a security nor a financial instrument);
  • Other specific activities (request a consultation for more details).
 

Alternative Solution - Ready-made crypto company in Poland

  • Ready made company with crypto license in Poland available.
  • We have a stock of existing licensed companies with no past activity for sale.
  • A faster way to get licensed: from 3-4 weeks.
  • Reasonable pricing, on request. Get a quote from a consultant now.
 

Step-by-Step: How to obtain a crypto license in Poland

The process to obtain a crypto license in Poland is standardized and straightforward. It’s a four step process that can take just 2 months: preparing the document, incorporating a company, applying for the license and opening a corporate account. Here is the process:  

Step 1 - GATHERING DOCUMENTS FROM THE CLIENT TO START THE PROCESS

The list of documents to gather and provide to the corporate services provider responsible for creating your company in Poland and registering for the Polish crypto license is rather short and straightforward. What matters most is to disclose the identity of the participants and to demonstrate their ability to safely conduct a crypto business.
  • Identification documents of all parties (passport, proof of residency, driving license…);
  • In some cases: certificate of non-criminal record from the jurisdiction of residency;
  • A CV or any reference demonstrating knowledge or experience in managing crypto businesses;
  • AML policies and procedures, compliant with the AML Act of 2018;
Duration: 1 week  

Step 2 - REGISTRATION OF A (LIMITED LIABILITY) COMPANY IN POLAND

REGISTRATION OF A (LIMITED LIABILITY) COMPANY IN POLAND The formation of Polish cryptocurrency companies begins with the incorporation of a limited liability company. In Poland, these companies are called sp.z.o.o (spółka z ograniczoną odpowiedzialnością – company with limited liability).
  • An entry into the register of companies will be the first step of the crypto company in Poland;
  • Thanks to e-signatures, the incorporation process does not require notarization and Apostille of documents;
  • The share capital doesn’t have to be deposited, it is declared. A Polish crypto company shall register a share capital of no less than 5,000 PLN (that is approximately 1,200 EUR in 2023);
  • It is possible to receive the set of apostilled corporate documents for a Polish crypto company by mail/scan;
  • The company requires to be domiciled at a legal address in Poland, which we provide all our clients in the basic package.
Duration: 1-2 weeks  

Step 3 - APPLYING FOR THE CRYPTO LICENSE IN POLAND

Becoming a VASP in Poland requires registration with a body within the Ministry of Finance called the Tax Administration Chamber in Katowice. This application consists of a set of around 40+ different documents, including information about the participants, the legal entity, and a presentation of the systems, policies and procedures implemented in respect of the AML Act. We prepare all of this for our clients in a turnkey solution.
  • The applicant may describe that they plan to contract with a recognized KYC software provider or implemented its own;
  • There need to be policies and procedures for the monitoring and reporting of transactions;
  • Also important is to demonstrate how client risk is assessed and how due diligence or enhanced due diligence is conducted at the beginning of the business relationship;
  • The applicant should demonstrate competence by passing a background check and demonstrating experience or knowledge regarding cryptocurrency.
Duration: 6-8 weeks  

Step 4 - OPENING A B2B AND B2C CORPORATE ACCOUNT

One of the main benefits of getting a crypto license, aside from operating legally as a VASP to gain trust from individuals and institutions, is to demonstrate to banking institutions that one is trustworthy to work with. This opens the possibility to open a corporate account to manage the company expenses, as well as an account for processing the payments of clients.
  • Possibility to open a corporate account for crypto companies in Poland;
  • Additionally, possibility to open payment processing accounts as well;
  • Being a VASP in Poland is strongly advised in order to access banking services.
Duration: 2-5 weeks  

Requirements crypto license in Poland

The minimum requirements for a crypto license in Poland are:
  • Company registration (limited liability company)
  • Share capital of 5,000 PLN (approximately 1,200 EUR)
  • Legal address in Poland
  • Appointment of a director, who will follow a mandatory AML training
  • Appointment of an AML officer (doesn’t have to be a resident of Poland)
  • A business plan or a 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
 

Alternative to a crypto license Poland

We have many requests to set-up companies in different countries and jurisdictions. Here are top picked alternative crypto licenses in the EU and offshore crypto licenses. Its best to speak to a professional from our team to decide which crypto friendly jurisdiction makes most sense for you:  

Alternatives for EU Crypto licenses in 2023

 

Alternative Offshore Crypto licenses in 2023

A VASP regime exists in the BVIs. It's important to understand the benefits and downsides of it. An ideal token issuance vehicle. Similar to the BVIs the Cayman Islands initiated a VASP regime. We strongly advise our clients to get a consultation and assessment if their business model falls under the Cayman Islands VASP regime. Often combined with FX licenses and according business models. Top pick for offshore crypto licenses if the budget is available.  

The legality of cryptocurrency business in Poland

Business activities making use of cryptocurrencies, or centered around them, are legal in Poland, provided they meet and follow the regulatory frameworks that apply. This may include crypto licensing or additional legal requirements, if the proposed services fall into different sorts of regulations, such as payment or investment services. Asserting the legality of the intended activity and checking on the rules and necessary permits to acquire are therefore critical in the planning stages of your project. Sometimes, a simple detail can change the applicable regulations and significantly simplify or complexify the process and required fintech or crypto-licenses. The crypto license in Poland is deemed to be one of the best frameworks for most of these activities, if we base our judgment on market sentiment, testimonies of active licensed companies and fintech lawyers’ experience. This popularity stems from an enabling approach, meaning cryptocurrency businesses are incentivized by the Polish law to settle there. With a comprehensive framework, this makes registering and operating your crypto business much simpler, as the Polish law makes it clear what can be done with the Polish crypto license and under which conditions.  

Cryptocurrency regulation in Poland

The regulations pertaining to cryptocurrencies in Poland are defined in the AML Act of March 1st 2018: a virtual asset (or crypto) is a digital representation of value that doesn’t qualify as one of the following :
  • A legal tender issued by a central bank;
  • A unit of account pertaining to an international organization,
  • Electronic money (as provided by digital banks, so called EMIs/Electronic Money Institutions/ Payment Institutions);
  • A financial instrument,
  • A bill of exchange or cheque.
Furthermore, as a virtual asset answers the above description by not falling into these categories, it will then be qualified by Polish law in one of three categories:
  • Payment tokens: for example Bitcoin or Ripple, issued by a protocol and whose value is intrinsic (not based on anything else);
  • Utility tokens: for example Uniswap, a crypto-asset that gives right to a service or benefit in the future;
  • Security tokens: a virtual asset that provides the same rights as a security: participation rights, equivalency to a share, etc.
This classification is very helpful for regulating various types of crypto activities in Poland. Issuing a token or cryptocurrency in Poland is legal and the aforementioned breakdown is then very helpful in assessing how to go about an ICO or ITO.  

Regulation of ICO, ITO, IEO & STO in Poland

Issuing and selling a crypto asset in Poland is legal but regulated. The applicable regulations depend on the classification of the digital asset, as we explained in the previous subsection. First and foremost, the token must not be issued in order to circumvent financial laws and provide rights or benefits that would otherwise classify it as a financial instrument. If a token turns out to be a security (token) or financial instrument it is required to be regulated as financial instrument and licensed accordingly in order to provide the public with investor protection. Secondly, cryptocurrency and token issuing must not be used as a way to universally raise capital from non-professional investors. This pertains to the previous point, as token sold with the intention to provide further rights and benefits classify as securities in the eye of the polish lawmaker. To make sure your token does not fall under this category we are happy to issue an according legal opinion. Though the virtual assets are not covered by the provisions of the Act on Trading in Financial Instruments, as well as the Act on Public Offering, it is strictly prohibited to mislead and deceive the public in order to gain a profit. Such misdeed is considered a crime in Poland and can lead to serious prosecution.  

The future of the Polish crypto regulation

As of 2023, the deciding parties of the crypto regulation in Poland did not express a will to change anything in the short term. In the future, the European framework “Markets in Crypto Asset Regulations”, also called MiCAR, will become the standard regulation for every EU country. MiCAR in Poland will then come into play and reinforce the existing laws to further provide safety to clients and institutions.  

Poland Virtual Cryptocurrency Registry

Any company undertaking an activity based on, or related to, cryptocurrency services, has to be registered within the Poland virtual cryptocurrency registry. This Register of Activities in the Scope of Virtual Currencies is carried on by the Polish Tax Administration Chamber in Katowice.The regulation states that “Business activity involving the provision of services referred to [...] as "activity in the field of virtual currencies", shall be a regulated activity [...] and may be carried out upon obtaining an entry in the register in the scope of virtual currency activities.“  

How does a Polish crypto license look like?

Once registered, the Polish crypto license is provided in the form of a document including the company name and number certifying that the crypto company is operating according to AML laws and is registered as a cryptocurrency business in Poland. Also, it will be visible in the openly available registry. When speaking about a crypto license in Poland, this registration number and document is what is referred to and what banks will require you to have. An entry into the official registry of cryptocurrency companies equates obtaining the Poland crypto license and can be marketed as such to your clients and partners.  

Crypto-authorization process in the Poland Virtual Currency Registry

Getting a company listed in the national Polish Register of Activities in the Scope of Virtual Currencies requires following an authorization process, that we can break down into a few steps:
  • Incorporation of a company
  • Set-up of compliance (AML-CFT) systems, processes and policies
  • Applicationfor a VASP license with the Polish regulator
  • Granting of the Polish crypto license
The process is nowadays streamlined, thanks to the comprehensiveness of the Polish laws and regulations. Especially for crafting all the necessary documentation pertaining to monitoring and reporting suspicious transactions.  

The registration of Poland Company in Register of crypto currency companies

The crypto licensing process into the Poland Crypto Register is usually conducted by a trusted partner with knowledge and experience of the regulations in place. As a reminder, the registration into the Register has the main purpose of ensuring that all companies dealing with cryptocurrencies are compliant with anti money laundering laws and procedures. The Polish crypto registration process is a verification that everything is set in place for transaction monitoring. In other words, to overlook client activity and be able to identify a suspicious transaction. These systems shall not be based on human appreciation only, but also on available data. Once identified, the applicant for the Polish crypto license has to be able to report the suspicious transactions to the competent authority.  

Governmental Statements on Crypto in Poland

Polish institutions have officially expressed themselves on the subject of cryptocurrencies for the first time with the earlier mentioned AML Act (Polish only - reach out to us for a translation). It built the basis for companies and individuals willing to engage in crypto activities, as it defined the conditions and requirements to be met for companies willing to provide virtual assets services. The Polish Financial Supervisory Authority issued its position on the issuance and trading of crypto assets in December 2020. This statement from the Ministry of Finance reinforced the basis provided by the AML law, as it further classifies crypto assets and how they shall be considered and regulated in the eyes of the regulator. These two governmental statements, publicly available and unofficially translated to English (reach out to us for a translation), show the willingness of the Polish regulatory authorities to enable and encourage crypto activities. As long, of course, as it is operated in compliance with the necessary due diligence.  

Requirements for companies engaged in crypto activities in Poland

Companies willing to successfully register as a provider of crypto asset services in Poland are expected to meet the following requirements:
  • The activity is conducted by individuals who have not been sentenced for criminal charges (especially financial, fiscal and administrative offenses);
  • The activity is conducted by individuals with knowledge or experience related to the virtual currency business;
  • Systems and procedures in line with the AML Act, for identifying clients and monitoring transactions;
  • Internal procedures in line with the AML Act;
  • Policies and training material for employees in line with the AML Act;
  • Appointment of a designated responsible person, whose duty is to implement all the elements listed above.
Naturally, the registration is also subject to more basic and general requirements, such as the need to have the ultimate beneficial owner of the company duly identified, to provide company documents (the company shall be of limited liability form), etc.  

The process of setting up a company for a cryptocurrency business in Poland

Forming a company in Poland is a straightforward process. As Poland is one of the most liberal European economies, the formation of legal entities is very standard and usually doesn’t take more than a couple of weeks. This means that the individuals or legal entities willing to incorporate a company in Poland shall prepare articles of incorporation, articles of association, provide identification documents, precise the legal address of the company and submit for creation. It is not mandatory to incorporate a company in Poland to apply for a crypto currency license. What matters most, is that the requirements described in the paragraph above are respected. Therefore, the Polish crypto license can be granted to a company registered in another country. Even though this is not something that is practiced very often we have experience in this. This is a theoretical statement though, as it may be virtually impossible for example to receive a license for a company registered in a tax haven jurisdiction. We recommend that if you wish to do so to do it only for a crypto company registered in the EU.  

Taxation for cryptocurrency companies in Poland

The Polish Ministry of Finance distinguishes between two types of tax-generating activities, in the scope of cryptocurrency companies. The corporate income tax applied to exchange services is the standard condition applied to limited liability companies. This is a two-leveled system:
  • 9% for companies with revenue under 2M EUR (for the first two years of the company only);
  • 19% as the standard corporate income tax.
Companies engaging in buying and selling of crypto assets are subject to a 19% income tax on interest generated by the disposal of cryptocurrencies for fiat. Note that financial services are not subject to VAT (Value Added Tax) in Poland.  

Obligations for crypto companies in Poland

Once a company successfully registers as a cryptocurrency business, it is liable to answer to a few obligations. These mandatory ongoing requirements are in line with what is expected by the company, upon application to the crypto license in Poland. The most important obligation is the appointment of a qualified AML officer, in a managerial position, whose role can be summarized to the conduct of the monitoring and reporting of suspicious transactions, as well as communication with the Polish authorities (GIIF). The AML officer of the Polish licensed crypto company is therefore watching over the other obligatory requirements to operate within the law:
  • Identification of the clients (so called KYC and KYB);
  • Conduction of enhanced due diligence when required;
  • Risk assessment;
  • Reporting to the GIIF;
  • Applying specific restrictive measures when relevant;
  • Storage and protection of consumer data (as per GDPR);
  • Training of all employees and board members on AML topics;
  • Employee protection and privacy regarding transaction reporting.
As for any limited liability company in Poland, crypto businesses are liable to hold books and file monthly reports. In that regard, working with an accountant competent in the field of cryptocurrency is very important for proper bookkeeping and filing.  

Sanctions for violating Poland crypto-business obligations

It is naturally forbidden to conduct a crypto business in Poland without being properly registered. Any company undertaking an activity related to virtual assets without registration will be subject to a significant fine. If a company is registered as a crypto licensed business in Poland, but fails to meet with the obligations described in the previous chapter, sanctions can arise up to 5,000,000 EUR or 10% of the company turnover.  

Additional questions about crypto license in Poland

 

Is cryptocurrency activity legal in Poland?

Yes, cryptocurrency activities are legal in Poland. All activities involving the provision of services to clients, including custodial services, cryptocurrency transfer and exchange, marketplace operations, and the buying and selling of crypto assets, must be registered to comply with Polish laws. This registration is commonly referred to as the ‘Polish crypto license’ or also ‘Polish VASP license’.  

Do you need a license to trade cryptocurrency in Poland?

Trading cryptocurrencies, or any other 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.

Who can perform crypto activities in Poland?

Any natural or legal person can perform crypto activities in Poland, under the condition that they register as a crypto business to the Polish authorities responsible for regulating and monitoring crypto businesses in Poland.  

Do I have to pay tax on cryptocurrency in Poland?

As a company offering services related to cryptocurrency, you are liable to pay a corporate income tax on generated profits every year. The standard tax rate is 19%, but for new companies with revenue under 2,000,000 EUR, a reduced rate of 9% applied. As an individual or a company engaged in cryptocurrency trading, your profits generated by purchasing and selling crypto assets are taxed in Poland to the level of 19%.

FAQ - Crypto license in Poland

Do I need a resident director to get the Polish crypto license?
Can you help me design my business plan and application?
Is it possible to purchase an existing regulated company to speed up the process?
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