Crypto license in Poland

Poland is a member of the European Union. The country is located in Eastern Europe near Germany, Austria, the Czech Republic, and the Baltic countries. Some time ago Poland ran a new policy, that regulates virtual assets. The state government relies on digital technologies and the country becomes a host for many IT EU-registered companies like Egera, BitBay, BitStamp, BitFinex, etc.
Now Poland offers new methods for an online company to register, receive documents, pay taxes, etc. A few years ago, the European Union, including Poland, was very cautious about cryptocurrencies, but both the EU Central Bank and the Bank of Poland realize that cryptocurrencies will only develop in the coming years. Therefore, it is not surprising that the Polish government has developed legislation to regulate the issue of virtual assets.
The country is known for consistently showing the highest GDP growth among European countries in the last few years. This is a true indicator that the country and its tax, legislative and other areas are very open to new business and investment.
The Polish government, following other European countries (such as Estonia and Latvia), officially regulated investor activity in the field of virtual assets last November. Now, entrepreneurs who have built a business on activities related to virtual assets (like entertainment, cryptocurrencies, or NFTs) are required by law to authorize themselves in the register of the National Tax Service.
Poland in a really short period shows a loyal regulation of business activities with virtual assets, so it is a very attractive jurisdiction both from the side of regulation of virtual assets and from the side of taxation of activities.
Now we will look at how to get a Polish crypto license and what you need to do.
Crypto license in Poland — 1

The definition of the crypto license

Since, based on the name, we can determine that the Polish version of the authorization to conduct activities with virtual assets is not a license (in its usual sense), it is necessary to make a point on this.
Polish crypto-authorization is an entry in the state registry of companies, that do a virtual-related business, which is maintained by the Chamber of Tax Administration (e.g., in Katowice).
Crypto license Poland is officially called 鈥淧olish crypto-authorization鈥. It allows your company to perform these types of business activities:
  • exchange between virtual currencies and fiat money (for example EUR to BTC or BTC to USD);
  • exchange between virtual currencies (for example BTC to LTC);
  • brokering in exchange;
  • keeping accounts related to crypto assets (custody services).
This record in the state register is permission for business entities to build a business on commercial activities with virtual assets, so obtaining additional documents is not necessary.
The following data are included in the register for public viewing:
  • Registration number (crypto-authorization) of the company;
  • Date of authorization;
  • KRS number (person number in the national court registry);
  • NIP number (taxpayer identification number (TIN);
  • Type of activity for what the company is authorized.
Crypto license in Poland — 3

Why Poland is interesting as a crypto business jurisdiction?

Your comfort
  • Poland is developing as a crypto-hub
  • Loyal attitude to the development of virtual assets
  • Easy and favorable business registration procedure
  • Opening a business without the physical presence
European “residence” of the company
  • The advantage of being a reputable European company;
  • A wide range of banks to open an account for you;
  • More favorable maintenance of the company鈥檚 accounts.
Poland is more relevant and profitable
  • Low requirements for the authorized capital of the company;
  • Virtually no restrictions on your citizenship, unlike in other countries;
  • Preferential tax rates for businesses based on virtual assets
  • No physical office requirements.

Why should you choose Fintech Harbor Consulting to receive Polish crypto authorization?

Even though at the moment Poland provides a fairly transparent legal basis for obtaining crypto-authorization, it can be quite problematic without legal support.
To get a Poland crypto license, first of all, it is necessary to register (or buy) a company in Poland, which will have the corresponding business activity identifiers. Our company offers the service of registering a legal entity in the form of an LLC in Poland because this form is the most flexible both in terms of citizenship of company members and financially.
The next step is to open a bank account. Our company offers to open an account with a local European bank, which will only be an advantage for your business. To open a bank account, you will need to go through the process of complying with international anti-money laundering and counter-terrorist financing policies. In addition, you will need to prepare standard documentation to show that your company is compliant with the 鈥渒now your customer鈥 policy.
Fintech Harbor Consulting attorneys have extensive experience in starting companies and obtaining licenses all over the world, including Poland. We can take care of all legal matters while you do business!

The strategy for starting a crypto business in Poland

Initially, to run an official and legal business in Poland, you need to register a legal entity in Poland under Polish law. It is your legal entity that will have permission to obtain a crypto-license in Poland. Proper licensing guarantees the protection of your business.
The routine of acquiring a cryptocurrency license in Poland consists of the subsequent steps:
  • Signup and run a domestic legal entity (in the legal form of Sp. z o.o.);
  • Setting up a local business office (not required a physical office) with ZIP-code;
  • Opening a corporate bank account in Poland (or EU);
  • Registering information about the company in Polish registers (legally binding);
  • Preparing of information about company officials (Director(s), UBO(s), shareholder(s), required documentation, policies AML/CFT, KYC;
  • Collecting of documents confirming the official origin of funds;
  • Applying in Polish Tax Service for authorization;
  • Payments of state fees;
  • The pending review is about 30 days.
Fintech Harbor Consulting specialists will help you both with opening a legal entity in Poland and with obtaining a license and other necessary documentation. We will accompany you at all stages.

New legislation affecting the crypto industry

Until November 2021, virtual assets were not regulated by Polish law. It was at that time that amendments to anti-money laundering and anti-terrorist financing legislation were adopted, as such requirements were imposed by the European Union on local legislation. On that basis, the Polish government regulated business activities with virtual assets to the norm that exists now.
Let鈥檚 take a look at the basic requirements and changes in Polish law that are valid now.
1. Application process
Since previously no special permission was needed to conduct crypto-businesses (virtual assets succumbed to the rules of general civil circulation), the main change was the obligation to obtain special permission for this type of activity
2. Firm employees
The local regulator is very careful about all employees who are registered in the company, and especially about the composition of the management and owners (beneficiaries) 鈥 information about them must be listed in official documents, as well as in the State Court Registry.
3. Anti-money laundering (AML/CFT FATF policies)
Since the above legislative changes mainly concern these policies, they are the main focus. It is the responsibility of the company to develop regulations to ensure that no money laundering or terrorist financing can be conducted through the company. These regulations will be checked both at the licensing application stage and at the opening of the bank account.
4. Corporate account
According to Polish law, a legal entity must have a bank account in a bank or banking institution that is registered or carries out official activities in the EEA. Our company offers services for opening accounts with both payment institutions and traditional banks.
5. Governmental duty
Obtaining a crypto license in Poland at the moment consists of two main stages:
  • opening a legal entity 鈥 initial capital of 5000 zlotys (1200 euro)
  • payment of state fees for the application (about 600 PLN)
We can conclude that against the background of the complexity of the process of opening a cryptocurrency business in other European countries (e.g. Lithuania) in Poland it is easier, faster and more profitable!

Reviews

I am very satisfied with the service provided by the fintech harbor consulting team. A company was registered for me and a license was opened. At all stages, I was accompanied by a polite and qualified specialist. You can see that the lawyer has experience in this business. I recommended you to my partners.
With the help of this FHC office, we opened a company for a cryptocurrency exchange 鈥 exactly the business we dreamed of for so long. The specialist was almost always in touch and could answer any additional questions. It was very pleasant to work with you.
I liked the fact that FHC lawyers are interested in helping us. That is why their attitude did not leave any questions. At every step, we were accompanied by a specialist who helped us with the paperwork, and tips on how to make the necessary actions faster and more profitable! Very convenient and fast service.

FAQ

First, to begin with, the most common practice in conducting entrepreneurial activity in the scope of virtual assets is the use of a legal entity. In this case, it is rational to use a company in the legal form of a limited liability company 鈥 in Poland 鈥 Sp. z o. o., because it can be opened by any foreigner (regardless of citizenship), and the process is very standardized and simple. If the company is already registered and all the basic requirements of the Polish anti-money laundering and counter-terrorist financing legislation are satisfied (e.g. entry into the register of beneficiaries of the company), the next step is to submit the documents for authorization.

Prepare corporate documents of the company, as well as the person authorized to represent the interests of the company;

  • Incorporation documents (Articles of Association, Memorandum);
  • Certificate of shareholders;
  • Registered address for company;
  • ID for Representative (passport)
  • Other required documents.
    Pay currently at a cost of 616 PLN (130 EUR);
  • Complete the procedure required by the Anti-Money Laundering Law.

After obtaining Polish authorization the main necessity is to open a bank account to be able to make payments and profit from their products and services.

Since Polish crypto-authorization is an officially adopted governmental decision (and Poland is within the European Economic Area), customers can open an account at payment institutions (such as Revolut, Bankera and others). They allow you to open an account quickly, reliably, and, most importantly, without the physical presence of an authorized person. Everything can be done remotely.

But if you consider it necessary to open an account in a traditional bank, these options are also possible, but you should pay attention to the pricing policy and the possibility of the necessary physical presence to open an account.

  • Incorporation documents (Articles of Association, Memorandum);
  • Certificate of shareholders;
  • Registered address for company;
  • ID for Representative (passport);
  • Bill for paying fees and duties;
  • Utility bill or other proof of address (for representative and company);
  • KYC, AML/CFT policies;
  • Certificate from national court register and polish E-sign.
  • Other

We can help you with receiving all required documents.

The process of opening a cryptolicense in Poland takes about 1.5 months.
In fact, the cost of opening a crypto-license in Poland is one of the lowest in all of Europe. In competitor countries now the registration process itself has also become more complicated and expensive, so at the moment Poland is becoming very relevant as a jurisdiction for business.