Hong Kong Crypto license
Over the last couple of years, the landscape of cryptocurrency has been one of phenomenal growth and innovation. Many jurisdictions around the world are considering how exactly to handle this nascent industry, and Hong Kong has emerged as one of the most promising destinations for crypto entrepreneurs and businesses. A crypto license in Hong Kong opens up access to a well-regulated and business-friendly environment. In this paper, we shall look at the steps and considerations one is supposed to go through while getting a crypto license in this vibrant financial hub of Asia.
Crypto License in Hong Kong: Benefits
- Reputation and trust: The crypto license given by the Hong Kong regulating authorities makes a reputation for your firm, thus gaining the clients’ and investors’ trust.
- Access to a formidable financial ecosystem: Hong Kong gives you an avenue to stand out for your firm with a long-established financial infrastructure offering the business a host of financial services and markets.
- Global Recognition: Hong Kong’s regulatory framework maintains a structure that can be easily benchmarked with international standards, hence making access to recognition and practicing in other jurisdictions easier.
Understanding the Regulatory Landscape
Hong Kong has been proactive about cryptocurrency regulation, trying to juggle between encouraging innovation and consumer protection. The law that governs the regulation of cryptocurrencies is by way of the SFO and AMLO. The big sister overseeing crypto-related activities within these legal materials has been no other than the Securities and Futures Commission.
Hong Kong
Capital |
Population |
Currency |
GDP |
Hong Kong | 7,400,000 | Hong Kong Dollar | 369,2 billion |
Types of Crypto Licenses
There are principally two types of licenses that a business involved in cryptocurrency activities may have to apply for in Hong Kong:
Type 1 License (Dealing in Securities): If your crypto business actually consists of any dealing with securities—for example, a security token—you need to apply for a Type 1 License from the SFC.
Type 9 License is required for portfolio management for investing in virtual assets.
The Application Process
Actually, several milestones may be outlined in the process of getting a crypto license in Hong Kong:
- Preparation: Be prepared to demonstrate how the business has already been regulated to meet Hong Kong’s regulatory requirements, including implementing effective AML and KYC processes prior to applying for the license.
- Approach to SFC: Approach the SFC to outline your business model and get an understanding as to what the business needs to do to be licensed.
- Application Filing: The application should be prepared containing, but not limited to, information on the structure of the business, the stability of the finances, AML/KYC policy, and other important information. The application shall be submitted to the SFC.
- Application Review and Approval: The application will be reviewed for compliance with the regulatory standards by the SFC, which also may take some time, whereby you may also be called upon to provide supplementary information or to respond to issues that may arise thereof.
- Compliances Monitoring: Your business, once licensed, will be put under regular SFC compliance monitoring. You have to maintain a high level of regulatory compliance, thus avoiding penalties and/or a revoked license.
With the continuous development of the crypto industry, Hong Kong is set to be a very attractive destination due to its future-facing regulatory approach, which means businesses are looking for a safe and sound environment. If an entrepreneur follows the steps outlined in this chapter and keeps himself updated with any regulatory developments, then he will be able to successfully begin the journey of establishing and growing his crypto business venture in Hong Kong.
The last World Cryptocurrency Readiness Report highlighted the fact that Hong Kong was the leading center of cryptocurrency activity in 2022, outrunning many other countries by all parameters, including such indicators as blockchain startups’ density per 100,000 people and the spread of cryptocurrencies per capita. Notably, Hong Kong managed to take a higher position in the rating than such countries as the United States and Switzerland.
As part of its effort to become the global crypto hub, Hong Kong has made some pragmatic regulations on the industry:
The Hong Kong government has shown support for blockchain technology since early 2018. The strong and resourceful support through the Innovation and Technology Fund (ITF) has provided roughly $67.2 million in the last three years to finance 18 projects related to blockchain and distributed ledger technology.
In 2019, the SFC put forth guidance on STOs and VATPs with the purpose of having them fall in line with existing regulations; simultaneously, it issued a proposed regulatory framework for cryptocurrency exchanges.
The Hong Kong Blockchain Society works with government, academia, and industry to actively promote the legal development of blockchain by organizing educational and research activities, as well as various activities and services in and around Hong Kong. Meanwhile, the Hong Kong Monetary Authority is considering how to include blockchain technology into its financial framework. In May of this year, for example, HKMA launched an e-HKD pilot project whereby 16 companies were selected to try out the use of digital currency in 14 projects.
It is interesting to note that several large crypto exchanges are headquartered in Hong Kong, such as BitMEX, OKEx, and Bitfinex.
Hong Kong cryptocurrency license – advantages of getting
Pursuing cryptocurrency activities in Hong Kong is highly beneficial for the following reasons:
- Regulatory framework: Hong Kong has instituted a clear regulatory framework that guides undertakings concerning cryptocurrencies.
- Business-friendly atmosphere: Hong Kong became an appealing state to register a company connected with cryptocurrencies because of its business-friendly climate, with strong rule of law. Well-spoken procedures and supportive government allow establishing the cryptocurrency businesses with ease. In addition, Hong Kong doesn’t have any capital gains tax regarding cryptocurrencies.
- Access to Capital: Hong Kong is an international financial hub that draws a diverse range of investors and venture capitalists. A cryptocurrency license in Hong Kong opens the door to a wider pool of potential investors and increased funding opportunities, thus helping the business get the type of capital it needs for its growth and development.
- Reputation and credibility: A cryptocurrency license in Hong Kong gives more credibility to a company, hence boosting its reputation to attract institutional investors and/or potential business partners. Hong Kong provides appropriate support with its solid regulatory structure and international standards that create a good reputation for being respected within the global cryptocurrency community.
- Ecosystem support: Hong Kong is home to an extremely vibrant community of cryptocurrencies, featuring everything from a number of startups, industry events to networking opportunities. In addition to this, some associations and incubators specifically in the blockchain industry complement this ecosystem by meeting and creating innovation.
- International market access: Hong Kong acts as an ideal gateway to the Asian and greater global markets due to established relationships that ease doing business and a resilient infrastructure. With a cryptocurrency license in Hong Kong, a business would easily expand into international markets and attract a customer base from other jurisdictions.
These advantages combined make Hong Kong a very attractive jurisdiction to operate a business in the cryptocurrency space and exploit such opportunities.
Eligibility Criteria for a Cryptocurrency License in Hong Kong
The government authorities in Hong Kong, until recently, had been indifferent to the question of licensing of cryptocurrency exchanges in the country. However, with the recent changes in the Anti-Money Laundering and Counter-Terrorist Financing Act, starting in December 2022, new crypto activities in Hong Kong will be subject to regulation, starting on April 1, 2023. With the beginning of this new regulation, under which all VASPs must obtain a crypto license from the SFC for operating their services legally.
Individuals or firms not having such license must not:
- Conducting a business that offers any virtual asset services (VA).
- Hold out oneself as a business providing any type of VA services.
- Carrying out regulated functions for businesses providing VA services.
- One must not hold oneself out as carrying out a regulated function.
- Issuing advertisement for VA service.
The Hong Kong Securities and Futures Commission (SFC) commenced the acceptance of applications for cryptocurrency trading platform licenses on June 1, 2023.
VA services, within the meaning of the decree, when provided electronically, are constituted of the following activities:
Making an offer to sell or buy virtual assets on a regular basis, in a manner that it results in a transaction.
On a regular basis introducing or identifying persons to others to negotiate or enter into transactions involving sales or purchases of virtual assets, where such transaction is a binding one.
Receiving client money or client virtual assets coming into the direct or indirect possession of the service provider.
Exemptions would be granted to those cryptocurrency trading platforms that provide ways to trade financial products, securities, and futures contracts, since they already come within the ambit of the Securities and Futures Ordinance.
In this regard, it is important to note that the licensing regime covers all virtual asset exchanges that are incorporated in Hong Kong under the Companies Ordinance, Chapter 622. This would include those operating outside Hong Kong but who are also soliciting for business from Hong Kong citizens actively.
To be licensed in Hong Kong, an applicant must:
- Clearly state an intention to provide services in the Hong Kong market.
- Must pass a “fit and proper” test, where the items below are taken into account:
- Record of crime
- The past AML/CFT activities of the VA;
- Financial position
- Educational background and other qualifications;
- Reputation, experience, character, reliability, and financial integrity of the applicant;
- Must mention in the application at least two persons suitable and qualified to conduct VA services regarding consideration as responsible officers in that particular application.
- Apply for approval of the premises where records or documents have to be retained according to the Regulation.
The SFC may even impose licensing conditions on effective risk management, AML/CFT, financial resources, cybersecurity, etc., among others as identified in Section 53ZRK of the Regulation.
The application must be submitted to the Commission through proper procedures and supported by the payment of relevant fees.
Please feel free to contact our consultants for further information on the requirements and schedule of obtaining a cryptocurrency license in Hong Kong or for any other assistance you may need.
The “compliance test” of the director and the beneficial owner includes:
- No convictions against him/her for financial and related crimes.
- No convictions for international crimes;
- No convictions for money-laundering and terrorism-financing crimes;
- No bankruptcy status, with no ongoing liquidation procedures against them.
Strong Documentation Package to Start the Application Process:
- Description of the foreseen business activity: description of its specifics and mode of operation.
- Information about the legal entity-applicant.
- The officers of the company: Passport details, evidence of residential address, education history, relevant employment history, etc.
- Staff employed for the proposed business activity.
- Copies of foreign passports of the director and the beneficial owner
- Letter of authorization
- A commitment statement that states the requirements outlined have been complied with. If one of the directors or any of the beneficial owners is to be a legal entity, then incorporation documents, certification of incorporation, and a declaration undertaken are to be provided.
Crypto company registration in Hong Kong
Registering a cryptocurrency company in Hong Kong represents a strategic move for entrepreneurs seeking to take advantage of the favourable regulatory environment and developed financial infrastructure of this global financial centre. Hong Kong, known for its liberal approach to business and innovation, offers unique opportunities for cryptocurrency companies to grow and develop. In this article, we take a detailed look at the process of registering a cryptocurrency company in Hong Kong, highlighting the key steps and requirements.
Reasons for choosing Hong Kong
Hong Kong offers a number of advantages for cryptocurrency companies, including a stable legal system, an attractive tax policy with a low corporate income tax rate and no capital gains tax, and a high degree of financial innovation and technological readiness.
Step | Description |
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Planning | Before starting the registration process, it is necessary to carefully plan the business model and structure of the company, taking into account the specifics of the cryptocurrency market and the regulatory requirements of Hong Kong. Decide whether operations will involve cryptocurrency only or also fiat currencies. |
Choosing a company name and checking its uniqueness | Choose a name for your company and ensure it is not already registered. The Hong Kong Registration Chamber offers an online company name checker to assist in this process. |
Company registration | Register your company with the Companies Registry by submitting the necessary documents, including: Statutory Declaration; Company Statute; Appointment documents for directors and company secretary; Confirmation of a registered address in Hong Kong. |
Opening a bank account | Open a corporate bank account. Many Hong Kong banks have specific requirements for cryptocurrency-related companies, so review policies in advance and prepare necessary documentation. |
Compliance with regulatory requirements | Some cryptocurrency activities may require a license from the Securities and Futures Commission (SFC) if they involve trading digital assets or offering investment products. This involves submitting details on the business model, risk management, AML and CFT policies, and consumer protection measures. |
Registration with the tax authorities | After incorporation, register with the Inland Revenue Department (IRD) for a taxpayer number. File an annual tax return and, if applicable, pay corporate taxes. Hong Kong levies tax only on income earned within its territory. |
Compliance with data protection requirements | Comply with Hong Kong’s personal data protection laws regulated by the Privacy Commissioner for Personal Data (PCPD), especially regarding customer data processing and storage. |
Compliance with international standards | Adhere to international standards such as those set by the Financial Action Task Force (FATF), including KYC, transaction monitoring, and suspicious transaction reporting requirements. |
In general, setting up a cryptocurrency company in Hong Kong is a multi-stepped process. Overall, the entire process needs careful planning and compliance with local and international regulatory requirements. If all steps are accomplished successfully, Hong Kong offers a sound environment for cryptocurrency companies to develop and expand their businesses internationally. The regulatory environment also keeps changing, and the firm has to be in the know of the changing environment so that it may continue being compliant with the legislation and operations in the parameters of the law.
Crypto legislation in Hong Kong
Legislation on cryptocurrency in Hong Kong is of a progressive nature. It focuses on providing an enabling environment that ensures the development of innovative financial technologies while ensuring a high degree of investor protection and maintaining the integrity of the financial markets. Hong Kong tries to balance innovation with regulation by offering a clear and flexible regulatory environment for cryptocurrency companies and their clients. In this article, we would cover the salient features of Hong Kong’s legislations on cryptocurrency that every market participant shall be aware of.
Regulator frame
The primary regulatory authority governing cryptocurrency transactions in Hong Kong is the Securities and Futures Commission of Hong Kong. SFC plays a central role in developing and implementing regulations concerning cryptocurrencies and related financial products and services.
Licensing and regulation
In November 2018, SFC established a new regulatory regime for fund managers which invest in cryptocurrencies and for digital asset trading platforms. Essentially, what that did is to make it so that any cryptocurrency trading platforms that wanted to continue operating in Hong Kong would have to apply for SFC licensing and comply with its risk management, customer protection, and anti-money laundering requirements.
Investor protection
The main point of Hong Kong’s regulatory policy on virtual currencies is to safeguard a securities market that protects the rights and interests of investors. Firms granted a license from the SFC are also under stringent disclosure requirements, fair and transparent trading practices, and avoidance of conflicts of interest.
Anti-Money Laundering (AML) and Know Your Customer (KYC)
HK cryptocurrency companies must establish appropriate AML/CFT systems, including the identification and verification of customers. The HK system has implemented additional obligations on record-keeping, transaction monitoring, and reporting suspicious transactions.
Policy on ICOs
The SFC has stated its guidelines regarding Initial Coin Offerings (ICOs); that most of the tokens issued during the process are recognized as securities. They must comply with the SFC’s regulatory requirements concerning licensing and registration and comply with all the obligations about investor protection if, in such a case, their tokens qualify as securities. In any other case, which is not found falling in this category, the general rules and regulations still apply, especially those touching on anti-money laundering and counter-terrorist financing.
STO regulation
In addition, Hong Kong is active in exploring and adapting to new forms of financing, including tokenised securities offerings (STOs). Similar to the case of ICOs, STOs in Hong Kong will have to comply with SFC regulatory requirements in case of offering tokens that can be qualified as securities. It once more underlines the approach of Hong Kong to be supportive of innovation in the financial sector while at the same time ensuring a high level of investor protection and market stability.
Regulatory sandboxes and innovative programmes
The regulatory sandbox concept was developed by the SFC and other Hong Kong regulators to encourage innovation and to test new technologies in a controlled environment. The idea behind these platforms is to enable cryptocurrency startups and financial technology firms to test their products and services under certain conditions with a view to eventually going live to the market.
Future changes and adaptation to international standards
Hong Kong remains very attuned to the general trend in the world and any changes made in terms of international standards of virtual currency regulation. It accommodates its regulatory regime in accordance with the recommendations of the Financial Action Task Force and other international organizations in order to enrich the reputation of being a part of the leading world’s finance centers.
Hong Kong’s cryptocurrency legislation represents a multi-layered approach to regulating digital financial assets for the protection of investors and the promotion and development of innovation. Understanding and compliance with the regulatory requirements represent a keystone to the successful operation of cryptocurrency companies in Hong Kong. It is also relevant that the regulatory environment changes constantly, and an enterprise should be abreast of such changes in order to ensure proper and long-term compliance that can be termed successful in the market.
Companies should, therefore, proactively consult regulators, professional advisors, and legal experts well in advance to adapt to the changes in innovation and regulatory updates for their benefit. The only way to survive and stay ahead in such a constantly changing environment is to be flexible and to learn and unlearn constantly.
Recommendations for companies
- Knowledge update regularly: With the pace at which the regulatory environment keeps changing, it is necessary for companies to be in regular update mode regarding present and future regulatory requirements.
- Implement strict KYC/AML procedures: In all cryptocurrency transactions, adherence to Customer Knowledge (KYC) and Anti-Money Laundering (AML) compliance remains a vital issue.
- Active engagement with regulators: Transparent and constructive engagement with regulators can help get a better grasp of requirements and come up with appropriate business models.
- Retaining competent legal and financial experts: The expertise and support they need are such that the regulatory environment has become too complex for them.
Hong Kong has developed one of the most mature, balanced regulatory environments for virtual currency-related companies in the world. The legal framework supports innovation while setting out to protect market participants. Further development of this area requires attentiveness on the part of companies to regulatory compliance and their active input into shaping a favorable regulatory landscape.
Gaining an understanding of the salient elements of cryptocurrency legislation, coupled with effective cooperation with regulators, will place cryptocurrency companies in a position to operate successfully within Hong Kong’s legal system but also contribute to the further development of this fast-growing and innovative financial services sector.
Crypto exchange licence Hong Kong
One of the key steps by companies towards operating in one of the most developed and innovative financial centers in the world involves acquiring a cryptocurrency exchange license in Hong Kong. The market for cryptocurrencies, because of its rapid growth, has become inviting in Hong Kong, where regulations are appropriate to make sure the trading of digital assets is transparent and secure. This article sets out the key elements of a licence to operate a virtual currency exchange in Hong Kong, including those imposed on the main operators.
Regulatory body
The primary licencing authority for Hong Kong virtual currencies exchanges is the Securities and Futures Commission – SFC. The SFC is tasked with ensuring that regulatory standards are upheld and that the activities of virtual currencies platforms in this jurisdiction are supervised in conformity with relevant laws on investor protection and ensuring market integrity.
Types of licences
These could include a securities trading license and an asset management license, among others, depending on the nature of their operations. The type of license a cryptocurrency exchange could opt for naturally flows from the services or products being offered.
Key Requirements
- Regulatory Compliance: The cryptocurrency exchange should be in a position to prove that it is in full compliance with SFC requirements for, among others, AML and KYC.
- Risk Management: The facilities shall introduce and develop proper and adequate risk management systems to mitigate the impact of various threats the users may face and assure stability of operation.
- Protection of client funds: An exchange is expected to take measures in protecting the funds and assets owned by a client, including holding them separately from assets of the company itself, and proper safekeeping.
- Operation transparency: There should be a high level of transparency regarding the trading rules, settlement processes, and how orders are fulfilled.
- Cybersecurity: You will have to show compliance with high cybersecurity standards to avoid unauthorized access and other kinds of cyber threats.
Application process
- Pre-consultation with the SFC: Pre-consultation with the regulator is desirable to discuss the business model and licensing requirements.
- Preparation and submission of documentation: After preliminary consultations, the company should prepare and submit a full package of documents while presenting a detailed description of the business model, procedures of risk management, security systems, and internal rules, which regulate customer transactions and trading processes.
- Application Evaluation: Next, the SFC will undertake a critical evaluation of the submitted documents against requirements. It may request additional information or clarify the provided materials during this period as well.
- Compliance Checks: The regulator may subsequently conduct checks to verify whether the information provided is valid and may even extend the verification process to cover checks on risk management and safety systems.
- Licence issuance: In case of successful completion of the assessment and inspections, the SFC issues a licence for virtual currency exchange operation. In this respect, a company is already permitted to start its activity and work properly under the law.
Licensing introduces a crypto exchange into a long-term relationship with the regulator, expected at all times to comply with regulatory requirements, have a high level of investor protection, and file regular reports on their activities. Noncompliance with the regulatory requirements may be punished by way of fines, suspension, or even revocation of a license.
It thus needs much preparation to apply for a Virtual Asset Exchange license in Hong Kong, whether from a technological, anti-money laundering policy establishment, capital requirements, investor protection perspective, etc. Successful licensees may enjoy the prospects of operating their business in one of the most appealing international financial centers and offering an enabling environment for growth and innovation in digital finance. The license itself is but the key to success in not just meeting the requirements for licensure, but rather meeting the continuing regulatory standards and requirements which would eventually offer a long-term growth path and eventually ensure the sustainability of the business.
Crypto trading licence Hong Kong
Particular attention in the context of Hong Kong legislation is given to the issues of regulating activities related to cryptocurrency, because this state is among the ranks of the most developed financial centers of the world. This can be relevant to companies that wish to operate within the legal framework of Hong Kong in such a dynamic industry, and whose first necessary step is to obtain a licence to trade cryptocurrencies. The license not only legalizes the activities of an enterprise but also gives additional confidence to customers and business partners in the observance of high standards of security and transparency. Below is a short outline of how to obtain a license for trading in cryptocurrencies within Hong Kong.
Regulator framework
The primary regulator that governs cryptocurrency activities in Hong Kong is the Securities and Futures Commission, commonly known as SFC. It drafts and enacts legislation and a regulatory regime for the regulation and licensing of cryptocurrency transactions, including but not limited to trading cryptocurrencies.
Licensing Requirements
Obligations | Description |
---|---|
Registration of legal entity | The first step toward licensing is to establish a company in Hong Kong and determine the type of business it will conduct. |
Qualified management personnel availability | The company must prove the availability of an experienced management team with relevant knowledge in financial services and cryptocurrencies. |
AML/KYC Compliance | Develop and implement AML policies and KYC procedures in accordance with international standards and the SFC’s requirements. |
Risk management and security systems | Ensure that the company has robust risk management and data protection systems, including protection against cyber-attacks and unauthorized access. |
Application to the SFC | Once all relevant documentation is prepared, including the business model, policies, and procedures, the company submits an application for a license from the Securities and Futures Commission (SFC). |
The assessment process of an application
SFC then reviews the application documentation and may request further information or clarification. During the process of evaluation, SFC verifies that the activity in question will comply with applicable regulatory requirements on risk management and safety systems and on the competence of management personnel.
License issuance and post-license regulation
SFC permits trading in cryptocurrencies upon passing the test and also by satisfying all the requirements. Getting a license opens up a new stage for a firm, which includes several duties and liabilities.
Licensee’s Obligations
- Ongoing Reporting: Licensees shall submit to SFC from time to time about periodic reporting of their activities on a regular basis, which includes financial reporting and AML/KYC compliance reporting.
- Record Keeping: The business records, transactions, and information of customers should be preserved by each organization concerned for a certain period for auditing or review purposes.
- Regulatory compliance: Licensees need to stay abreast of legislative developments and changes in the regulatory regime, which may be communicated from time to time, and to conduct their activities accordingly.
- Employee training: Employees shall be periodically trained in regulatory compliance, AML/KYC, and risk management.
- Consumer rights protection: Companies should make every possible effort to provide maximum protection for the rights and interests of clients, including but not limited to clarity of services and protection of customer assets.
Advantages of Licensing
By being licenced to trade cryptocurrencies in Hong Kong, a company benefits from numerous serious advantages:
- Legitimization: The licence adds credibility to a company when dealing with customers, partners, and regulators.
- Market Access: Licensed companies can legally provide their services in Hong Kong, thereby expanding the reach of their markets.
- Attracting investment: Licensing generally increases a company’s attractiveness to investors and partners who appreciate the transparency of operations as per high regulatory standards.
Under Hong Kong law, it is an incremental and laborsome process to obtain a license to trade cryptocurrencies; much confusion exists due to various regulatory requirements. Although generally, licensing comes with many challenges, a license opens the way for a company to one of the most innovative and developed financial centers in the world and forms a foundation for long-term growth and success.
How to get a crypto license in Hong Kong?
Obtaining a cryptocurrency license in Hong Kong is among those strategic steps any business would be willing to do to grow its digital asset business in this global financial hub. Hong Kong creates a very good ecosystem for developing cryptocurrency operations given its progressive legislation, openness to innovation, and strict regulatory standards. The following is a more detailed guide on how one obtains a cryptocurrency license in Hong Kong.
Step | Description |
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Understand the Regulatory Environment | Research the Hong Kong regulatory environment, particularly the guidelines and regulatory requirements published by the Securities and Futures Commission (SFC) for cryptocurrency platforms and digital asset activities. |
Identify the Type of Licence | Determine the appropriate license based on the cryptocurrency activities of your business. For example, platforms trading digital assets considered securities need a securities license. |
Preparing for licensing | Prepare internal policies and procedures to meet SFC requirements for risk management, AML/KYC, qualified management, and data security technology solutions. |
Filing an Application | Submit the license application to the SFC, including a full description of the business model, services offered, risk assessment, and proof of compliance with regulatory requirements. |
Assessment process | The SFC will review the application, potentially requesting additional information, verifying documents, and holding meetings with firm representatives. Open and constructive communication is crucial during this phase. |
Obtain and comply with the license conditions | If successful, the SFC will issue the license, which may include conditions such as periodic reporting, auditing, and following specific operational procedures. |
Start operations | Once the license is issued and all SFC requirements are met, the business can commence operations, while continuing to adhere to regulatory standards to avoid violations. |
Ongoing Compliance and Policy Updates | Regularly revise internal policies to comply with changing regulations, including updates to AML/KYC systems, cybersecurity measures, and employee training. |
Getting a license to provide activity in Hong Kong requires very serious planning, preparation, and communication with regulators. Meanwhile, licensing opens a channel for businesses to operate legally in one of the most energetic and enterprising financial centers in the world, while at the same time increasing confidence among customers and partners in their operations. The high standards of regulation and good transparency in operations are in favor of sustainability and safety during crypto trading, along with the assurance of long-term success and further growth in fast-paced evolution.
Advantages of Hong Kong crypto license
A cryptocurrency license in Hong Kong, therefore, represents an important milestone for each firm looking to operate within the digital asset space. Hong Kong, due to its status as an international finance center and innovative-friendly hub, confers a privileged position on licensed cryptocurrency operators. The following article will further outline the key benefits associated with obtaining a cryptocurrency license in Hong Kong and how this can enable your business to grow and develop.
- Improved Investor and Customer Confidence: The license from the SFC is considered to be big support for reliability and stability. It also greatly enhances investor and customer confidence, something that’s required in the crypto space where questions about security and transparency form the bulk of all concerns. In other words, licensed companies are considered more responsible and reliable companionship for doing business with.
- Access to Banking and Financial Services: One of the major barriers for crypto companies has to do with access to banking and financial services. Most banks and other financial institutions feel apprehensive or even bluntly decline to extend their services to crypto companies that have not been licensed, on account of money laundering and terrorist financing risks these companies present. Actually, having a licence in Hong Kong enables access thereto since it means that a company passes strict regulatory requirements.
- Legal clarity and stability: Legal clarity comes from operating within a well-defined regulatory environment in which a company can confidently plan its operations and development. Licensed cryptocurrency firms operating in Hong Kong work within a very stable and predictable environment, given that Hong Kong’s legal system and regulatory framework are specially tailored to reflect the newest trends of financial technology.
- Raising Capital And Partnerships: In return, the SFC licence significantly increases the company’s appeal to venture capital investors and other business partners alike and therefore opens newer avenues for capital raising and developing the business. Legitimacy and regulatory approval prove to be more attractive to venture capitalists and other banks, other financial institutions, and strategic partnerships within the industry.
- Facilitating international expansion: Having a license in Hong Kong may be indicative for companies willing to develop their presence in foreign markets. This ascertains their compliance with internationally recognised regulatory standards and also simplifies the procedure of getting licences in other jurisdictions, considering the high reputation of the Hong Kong regulator.
- Regulatory Support for Innovation Development: Hong Kong is very active in encouraging innovation in fintech and virtual currencies. It does this with various regulatory sandboxes or pilot schemes that enable companies to create and test innovative products and services. It thus offers the possibility for licensed companies to innovate within the boundaries of regulations but under the hand-holding of the SFC itself.
- Adherence to International Standards: In today’s cryptocurrency industry, compliance with international standards and best practices is key. A license obtained in Hong Kong – that is, automatic high standards in AML, customer knowledge (KYC), data protection, and cybersecurity – becomes an important contribution to the strengthening of a company’s reputation internationally.
- Development of Competitiveness: While the status of Hong Kong licensing may provide an opportunity to be prominent among competitors lacking such a status, it actually testifies to high standards of service for customers and compliance with regulations, able itself in this respect to be a decisive factor in the choice of users and partners alike for a cryptocurrency platform.
Therefore, the licensure of cryptocurrency activities in Hong Kong offers strategic advantages, such as increased credibility and reputation, better access to financial and banking services, clarity and stability on the legal front, and easier international expansion. This approach does call for careful preparation of the licensing process-including policy and procedure development and implementation-for successful navigation through regulatory scrutiny and ensuring the full benefits of licensed operations in Hong Kong.
Benefits of Crypto license in Hong Kong
Getting a cryptocurrency license in Hong Kong is a strategic move by companies to extend their operations to this global financial hub. Hong Kong, known for its openness to everything new and with its progressive approach to regulating financial technology, has unparalleled opportunities for cryptocurrency companies. In this article, we will review the benefits which come with getting a cryptocurrency license in Hong Kong, using business language.
- Strengthen Customer-Investor Confidence: One of the major advantages that comes along with licensing is a sharp increase in customer and investor confidence. In a world where security and transparency regarding cryptocurrency transactions are believed to be hotly debated, licensing simply means that a firm has met strict regulatory standards provided by the SFC. This is some kind of seal of quality and reliability that shall assure customers and investors who choose to transact or invest in your platform.
- Legal access to the international market: The license provides the company with legal access to one of the biggest financial markets in the world and thus enables international expansion. It is able to expand its business with much efficiency for acquiring clients and investors both from Hong Kong and other countries.
- Raising capital: This makes for a more friendly climate for VC’s and financial institutions to seek more and more licensed cryptocurrency companies in Hong Kong. A license would, therefore, identify only such business that is not only legitimate but also upholds high standards of governance and security-a key factor in making investment decisions.
- Access to Banking Services: This in itself does help many crypto companies that often struggle to access banking services simply because they operate in jurisdictions without a proper license and oversight. The same becomes a lot easier once a licensing in Hong Kong is sought after, since banks and financial institutions will obviously prefer to deal with regulated companies.
- Conformity with international standards: Hong Kong’s licensing process requires the implementation of rigorous AML and KYC procedures, in accordance with the FATF standard, within companies. Companies contribute to a safer, more transparent atmosphere with the introduction of these procedures: it means a higher level of security in terms of cryptocurrency exchange and trader services. In such a way, it strengthens the position of a company on the international market. Correspondence to international standards facilitates the adaptation of a company to changes in legislation, and this raises its chances of being able to innovate and thus accelerate the process of releasing new products and services.
- Protection against regulatory risks: Regulatory risk is the most pressing challenge facing cryptocurrency companies today. Obtaining a licence in Hong Kong makes this risk minimal because it substantially means undertaking the business on a sound legal footing, which is clear and stable. The licensed companies can grow their operations without the fear of being fined or facing any legal implications for non-compliance with the regulatory requirements.
- Competitive advantage: While more and more cryptocurrency platforms appear with each passing day, a licence places your company in a different standing from all others. It is proof that your commitment to high standards as well as legality has been confirmed, and it might be one of the key features for users when choosing a place to trade or invest in.
- Regulatory-backed innovation development: HK regulators actively support financial technology innovation. Licensed companies can take advantage of a variety of initiatives and programs supporting innovation, including regulatory sandboxes in which they can test new products and services in a controlled environment with regulatory support.
Getting a cryptocurrency license in Hong Kong opens many great avenues for companies. It is not merely an issue of compliance but a strategic advantage that will help any brand build trust and open up channels for much-needed capital and financial services toward general growth and development in the global cryptocurrency ecosystem. Any licensing application should, therefore, be addressed with full comprehension of all requirements and eventualities to realize its fullest potential as a strategic move.
Overview of crypto regulation in Hong Kong
Hong Kong is one of the major global financial centers that is vigorously moving to accommodate the rapid development of the crypto industry by providing an active and structured regulatory environment. The region has managed a delicate balance between encouragement of innovation in the digital assets space and investor protection and financial stability. This article provides an overview of cryptocurrency regulation in Hong Kong, covering key aspects and recent regulatory trends.
Regulatory body
The main regulator that supervises and regulates the activities of cryptocurrencies in Hong Kong is the Securities and Futures Commission, Hong Kong. It works to attain a sustainable regulatory environment enabling innovation while protecting investors’ interests.
Licensing of Cryptocurrency Trading Platforms
In November 2018, SFC announced a new regulatory regime for virtual currency trading platforms. It is an opt-in licensing mechanism has worked to extend the openness of their operations and boost investor protection. Since 2020, the regulator started endeavoring to make the licenses mandatory for all cryptocurrency trading platforms that offer their services either in or to the residents of Hong Kong.
Regulation of ICOs
The Hong Kong Securities and Futures Commission has also made its views known on initial coin offerings. If tokens issued in an ICO can be constituted as securities-for example, shares, fund shares or derivatives-they fall within the ambit of the existing securities and futures legislation, meaning that issuers must comply with the relevant regulatory and licensing requirements.
Anti-Money Laundering (AML) and KYC procedures
The Hong Kong government is very concerned with anti-money laundering and counter-terrorist financing requirements. For this reason, cryptocurrency firms should establish effective AML/CFT systems, including KYC procedures and transaction monitoring, so as to identify, assess and mitigate the risks pertaining to money laundering and terrorist financing.
Investor Protection
Investor protection is considered one of the most important issues of Hong Kong’s cryptocurrency regulatory policy. In this direction, the SFC is developing and implementing measures aimed at reducing the risks for investors-disclosure requirements, cybersecurity standards, asset custody requirements-by making specific demands on virtual currency exchanges regarding clear, full information for investors about products, risks, and fees, with due protection of client assets.
Prospects and future of regulation
Hong Kong continues to actively develop its regulatory environment in relation to digital finance. In view of global trends, recommendations by international regulators such as the Financial Action Task Force, Hong Kong tries to update and refine its regulatory requirements so as to move in a balance between innovation and investor protection.
This would introduce an important development in an all-encompassing approach toward the regulation of all cryptocurrency-related activities surrounding trading, storage, transfer, and asset management in general. This will foster an environment that is sustainable and safe for the industry’s growth and develop Hong Kong as one of the leaders in financial innovation.
Hong Kong’s approach in regulating virtual currencies and other virtual assets strikes a balance between commitment to innovation on the one hand and investor protection as well as financial system stability on the other. The continued improvement in the regulatory environment to meet new challenges and opportunities from the digital economy is placing Hong Kong as an attractive location for cryptocurrency enterprises. It thus becomes the interest of every company to further their desire to cash in on the various opportunities availed by Hong Kong through closely monitoring changes in regulatory policy and adjusting internal operations to meet the needed regulatory threshold that will guarantee them future growth and success.
SFC crypto license in Hong Kong
A license from the Securities and Futures Commission of Hong Kong is an important asset for all those companies that want to conduct cryptocurrency activity within one of the most prestigious financial hubs in the world. It combines unique regulatory clarity with access to a developed financial market. The following article gives an overview of key issues in the obtainment and advantages of an SFC Cryptocurrency License in Hong Kong with business terminology.
Introduction to the Regulatory Environment
Hong Kong has been among the forerunners in the regulation of the cryptocurrency industry, having managed to introduce a clear and balanced regulatory framework. Central here is the Securities and Futures Commission – SFC – which outlines standards and conditions for the firms that aim to provide crypto-related services in the region.
Application Process for a Licence
In order to procure an SFC license, firms have to undergo the often-lengthy application process and also demonstrate that they are adhering to quite a number of stringent requirements concerning risk management, anti-money laundering (AML), customer knowledge procedures (KYC), and customer asset protection. The process entails:
- Preliminary consultation with the SFC: This allows one to decide whether their business model fits within the regulatory requirements of the SFC.
- Preparation and Application: The firms should be ready with detailed documentation that shall contain a business plan, risk management policies, AML/KYC procedures, and information about key management and operational personnel.
- Assessment and verification: SFC assesses the information provided and may conduct additional checks and interviews with key personnel.
- Licence issuance: After the assessment, upon meeting all the conditions, the SFC will release a licence to allow the company to perform cryptocurrency activities in Hong Kong.
Advantages of the SFC Licence
- Regulatory Clarity and Stability: The SFC licence brings forth clarity and legible legal basis for operations and hence lessens the regulatory risks and facilities steady development.
- Increased Party Confidence: SFC-licensed status guarantees that the business is a quality-assured institution, thus gaining trust from customers, investors, and other parties.
- Access to International Markets: With SFC licensing, one may find opportunities to enter international markets or collaborate with international financial institutions; new opportunities will arise, and business can be expanded, for sure.
- Investment: In licensing, the firm secures a good position in raising capital because every investor wants to invest in the regulated and licensed entities.
- International Standards: The licensing process involves the adoption of global AML/KYC standards for better standing internationally and meeting the requirements at the global front for the firms.
Challenges and Recommendations
While granting an SFC license provides enormous opportunities, the process may be pretty complicated and take much effort and resources.
It is recommended that companies:
Сarefully plan the process of application, paying great attention to details and requirements of SFC;
Сonsult with lawyers and financial consultants who specialize in the issues of the cryptocurrency regulation in Hong Kong;
Design and implement AML/KYC procedures and risk management policy concordant with international best practices:
Be constantly prepared for changes in the regulatory environment by adapting to new requirements and standards.
A crypto activity SFC license in Hong Kong not only provides companies with regulatory clarity and exposure to a larger market but also provides customers and investors with a seal of reliability and transparency. It underlines the seriousness of the company toward high business conduct and readiness to meet strict regulatory demands. Besides, the very complicated and strategic preparation of the license-obtaining procedure is required. Overcoming these challenges would mean opening new opportunities not only within the company itself but also strengthening its position in the international arena of cryptocurrency markets.
Types of crypto license applications in Hong Kong
Cryptocurrency activity in Hong Kong, as one of the most important financial centers, has been the focus of attention of many entrepreneurs who try to use the progressive regulatory environment of this country to develop their business ideas. The main regulator of this activity is the Hong Kong Securities and Futures Commission, which provided for several types of licenses for cryptocurrency transactions. The article here throws light upon the major types of cryptocurrency licence applications in Hong Kong, according to the business particulars of the concerned company.
Licence Type | Description |
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Licence for Fund Management | Investment fund management companies investing in cryptocurrencies or digital assets may apply for a portfolio management license. This license is for companies conducting discretionary asset management where cryptocurrency assets are involved. |
Licence for Trading Platforms | A special license is required for cryptocurrency trading platforms that offer acquisition, sale, and exchange services. This includes platforms that allow trading in cryptocurrency products classified as securities, and those offering exchange services with fiat currencies. |
Licence to Distribute Funds | Companies that promote and distribute investment funds investing in cryptocurrencies must obtain an appropriate license. This includes organizations advising on or directly selling cryptocurrency-related investment products to investors. |
Consulting Services Licence | Companies providing advisory services on cryptocurrency investments or strategy development must apply for either a Type 4 (securities advice) or Type 9 (asset management) advisory license, depending on the services provided. |
Secure Application Process
The procedure for applying for a cryptocurrency license in Hong Kong involves serious preparation and is presented below in a nutshell:
Preliminary preparation would include the following: development and adaptation of internal company policies and procedures in line with SFC requirements on risk management, AML/KYC, customer data protection, and information security system.
- Preliminary consultation with SFC: It is always desirable to have preliminary consultations with the SFC for a discussion of the business model details and for decisions on the type of licence. This will also serve to identify potential problems and issues before the actual application is submitted.
- Preparation and submission of the application: Preparation of a complete application package, comprising a detailed description of the business model and business plan, information on key management and operational personnel, and company policies and procedures. An application is submitted to the SFC along with necessary attachments and documents.
- SFC application vetting: When an application is received, the SFC examines the given information, which may call for further data, on-site inspections, and interviews with key persons. It aims at certifying the company to the set requirements and standards.
- License issuance: Once an applicant successfully passes the assessment and meets all the requirements, the SFC grants a license and allows the company to officially operate a cryptocurrency business in Hong Kong.
Importance of Compliance with Post Licence Obligations
Obtaining a license is not a one-time event, but rather one milestone in what is otherwise an ongoing process of regulatory compliance. The firms licensed in this way should report on their activities to the SFC regularly, update all internal policies and procedures so as to keep them current with the regulations and standards applicable at any time. This would include transaction monitoring responsibilities, updates to AML/KYC programs, internal audits, and staff training.
Obtaining a cryptocurrency license in Hong Kong opens a door for companies to one of the most innovative and developed financial markets in the world. Indeed, licensing is a time-consuming and resource-intensive process; however, the benefits accruing with this, such as increased confidence on the part of customers and investors, access to banking and respective financial services, and the ability to operate and expand a business legally on an international level, definitely justify the costs. A strategic licensing process, further compliance with regulations-these are the means to guarantee sustainable development and long-lasting success.
The success of obtaining a license and further effective use of it is possible not only with strict adherence to those initial requirements set by the regulator but also with constant monitoring of changes in the regulatory environment. The District of Hong Kong is under continuous adaptation to new challenges and opportunities of the crypto industry, which demands from licensed companies flexibility and readiness for quick adaptation to new conditions.
Recommendations for maintaining a license
- Periodical review of internal policies: regular revision of your procedures and policies is highly needed to be well up to date with current SFC requirements and to stand at international standards.
- Employee training: training of employees is also regularly required for maintaining a high level of regulatory compliance and also to respond effectively to operational risks.
- Active participation in regulatory initiatives: Via SFC and other regulator-driven discussions and initiatives, stay abreast of imminent legislation change and Industry Best Practices.
- Technology Readiness: Highly secure in terms of technology and ready for relevant security controls such as defense against cyber-attacks and data breaches, which is crucial to the protection of client assets and operational stability.
A cryptocurrency license provided by the SFC in Hong Kong opens up completely new perspectives for a company in pursuing business with full legal certainty, while the latitude of possibilities in this very dynamic sector is enormous. Success in obtaining and maintaining such a license does not stop at the initial effort needed to meet regulatory requirements but is an ongoing commitment with respect to transparency, security, and best practices concerning the industry. Indeed, licensing has the potential to push Hong Kong in the right direction, to ensure consistent growth and prosperity for the cryptocurrency business.
How to get a crypto license in Hong Kong?
A cryptocurrency license in Hong Kong will be one of the very most important steps for companies that intend to develop their digital assets within this global financial center. Getting a license from the Hong Kong Securities and Futures Commission requires careful planning, preparation, and compliance with regulatory requirements. This article provides key steps and guidance on how to successfully obtain a cryptocurrency license in Hong Kong using business language.
Step | Details |
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Understand the Regulatory Environment | You need to have deep clarity with respect to Hong Kong’s cryptocurrency regulatory environment. You need to be well-versed with the regulations, guidelines, and requirements issued by the SFC concerning cryptocurrency transactions. This will provide substantial clarity on what activities are regulated and what licenses would be called for by your business. |
Determine the Type of License | Your business may be required to hold one of the many license types issued by the SFC, depending on the nature of the business, whether it is operating a trading platform, asset management, fund distribution, or providing cryptocurrency investment advice. |
Preparation for Application | Preparation for an application will entail drafting internal policies and procedures in compliance with the requirements of the SFC. This includes: Formulation and implementation of risk management policies. Formulation of AML and KYC policies/procedures. Ensure proper measures are taken for the security of the customer’s assets and cyber systems. |
License Application | Once you are ready with all your documents, you must apply to the SFC for a license. Your application should outline your proposed business model in sufficient detail, all of your internal policies and procedures, and names of key management and operations personnel. |
Application Evaluation Process | The application shall be further evaluated by the SFC, requesting additional information and asking to meet the key personnel and probably some more checks. The assessment process should provide the opportunity for open and constructive communication with the regulator. |
Obtaining and Complying with the Terms and Conditions of the Licence | After the assessment is complete and all requirements have been met, the SFC issues a licence with certain conditions and restrictions. What is very important and of essence is reading these conditions carefully and ensuring that during the course of your activity, you are in compliance with them. |
Post-licence Compliance and Regulatory Reporting | A license signifies the continuous process of compliance with the regulator. Companies need to submit regular regulatory reports to SFC, such as financial statements and AML/KYC compliance reports. It is also important to note that it’s part of constant monitoring and adaptation of any relevant change in the regulatory environment for ongoing compliance. |
Key Features for Successful Licensing
- Thorough Preparation: Sufficient time and resources for preparation towards licensure; this involves the development and adaptation of internal policies and procedures.
- Professional Support: Consider professional advisors or lawyers with particular proficiency in cryptocurrency regulation to help meet the requirements of SFC for a successful application.
- Open Engagement with SFC: Keep open channels with the regulator during the process to expedite the application and address all arising issues.
- Ongoing Regulatory Compliance: Establish a system of internal controls and surveillance that provides the likelihood of ongoing compliance with the requirements set by the SFC, enabling prompt responses to changes in regulatory circumstances.
Licensing of a cryptocurrency house is not an easy task in Hong Kong. It is a quite complicated process that requires certain preparation and strict following of the regulatory regime. Success here will mean not only the opening of the door for your company to one of the most dynamic and innovative financial markets in the world but also raise your business to a new level-legitimacy and confidence from customers and investors. The process should be approached with the seriousness it deserves, if your license is to be retained and a successful business grown from it.
Types of Crypto License in Hong Kong
Hong Kong, being in a strategic position to serve as an international financial hub, has been at the forefront of putting in place a framework to regulate activities involving cryptocurrencies. Hong Kong’s cryptocurrency regulation allows innovation to take root while offering investor protection and adhering to internationally recognized standards of transparency and security. The following article summarizes the major types of licenses required from the Securities and Futures Commission for cryptocurrency activities in Hong Kong, together with a description of their main features.
License Type | Details |
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License for Trading Platforms | This license regulates the work of trading platforms with cryptocurrencies as securities. It ensures that the platforms implement risk management, client asset protection, AML/KYC procedures, and transparency measures. Every transaction on a licensed platform is secured at a high level for user safety. |
Asset Management License | This license is for companies managing investment funds or portfolios, specifically in cryptocurrencies and digital assets. Holding this license signifies that the firm employs advanced risk management practices and complies with regulatory standards, including corporate governance and AML/KYC policies. |
Licence to Distribute and Sell | This license is required for operators selling and distributing cryptocurrency investment products. It ensures that operators engage in best practices, communicate honestly, and provide all the necessary information for investors to make informed decisions. |
Licence for Consulting Services | Companies offering professional advice on cryptocurrency investments or strategies must hold an advisory services license. This ensures that advisors are qualified, follow ethical standards, and maintain privacy with client information. |
Licensing Procedure
The process of obtaining each type of licence involves the preparation and submission of a detailed set of documents demonstrating the company’s compliance with the established SFC requirements. Key steps in the process typically include:
- Preliminary preparation: Study of regulatory requirements, adaptation of internal company procedures and policies to SFC standards.
- Application: Includes documentation of the business model, management and operational personnel, risk management and AML/KYC policies, and evidence of the company’s technical and financial preparedness.
- Assessment of SFC application: Detailed analysis of information provided, requests for additional data, meetings and interviews with key personnel.
- Issuance of a licence: Upon successful completion of the assessment and satisfaction of all requirements, the SFC will issue a licence allowing you to operate in accordance with the type of licence obtained.
Compliance Requirements
For continued licensure, firms should be regularly aware of compliance matters concerning regulatory requirements. These include:
- Policy and procedures updating on a regular basis: The revisions of internal policies in regard to the latest changes in legislation and market environment.
- Maintenance of high AML/KYC thresholds: Conduct periodic reviews to update the related procedures so that they are current and aligned with the most recent AML requirements.
- Reporting Routine: Financial and operational reports shall be filed with SFC in a timely manner.
- Personnel training: On a regular basis, train and upgrade staff to increase their awareness of regulatory requirements and internal company procedures.
A crypto license in Hong Kong opens the floodgates to the world of international finance, presenting enormous opportunities for companies. Compliance with the strict requirements of regulation and high standards of operations create a foundation for such businesses to reach their full potential in this dynamic and innovative field. Getting a license is quite labor-intensive; however, the advantages it guarantees justify the effort and the cost for long-term business growth and development.
Steps for Starting a Crypto Business in Hong Kong
Setting up a cryptocurrency business in Hong Kong is one of the attractive opportunities for entrepreneurs and investors looking to take advantage of the innovative and regulated environment of one of the financial centers of the world. Hong Kong is known for its friendliness toward the innovation of finance, which has created an enabling environment for building cryptocurrency businesses. This article summarizes the steps necessary for starting a cryptocurrency business from a business perspective.
Step | Details |
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Exploring the Regulatory Environment | Understand Hong Kong’s cryptocurrency regulatory environment, including SFC requirements and other applicable laws such as AML, KYC, data protection, and cybersecurity. Knowledge of these regulations will help avoid legal issues and meet compliance thresholds. |
Create a Business Plan | Write a comprehensive business plan outlining your business model, market analysis, marketing strategy, operational plan, financial projections, and risk management. Consider the range of cryptocurrency products or services you want to offer and how to build and promote them. |
Company Registration | Incorporate a company in Hong Kong. Choose the company name, legal form, and file necessary documents with the Registration Office. Register the business with tax authorities and obtain required permits and licenses. |
Opening a Bank Account | Open a corporate bank account by providing detailed business information, proof of regulatory compliance, etc. Find a bank familiar with cryptocurrency businesses to offer appropriate services for your company. |
Develop Appropriate Policies and Procedures | Develop policies to meet Hong Kong regulatory requirements such as AML/KYC, data protection, and cybersecurity. Integrate these policies into your business plan and operations, ensuring your staff is trained for proper implementation. |
Getting the Licenses Required | Apply for any necessary licenses from the SFC or other regulators, including those for cryptocurrency trading, asset management, and advisory services. Ensure your business is ready to comply with regulatory requirements before submitting applications. |
Form Partnerships | Form strategic partnerships with other cryptocurrency businesses, such as exchanges, payment service providers, and law/consulting firms in the crypto ecosystem to strengthen your operations. |
Launch and Marketing | After obtaining licenses and completing preparations, launch your business. Develop an effective marketing strategy to attract customers, focusing on building trust and transparency by providing clear, accurate information about your services. |
Setting up a cryptocurrency enterprise in Hong Kong involves great planning and adherence to all regulatory compliances. If these steps are well thought out, and the operation standards kept high, then one can be assured of a successful and viable business enterprise in what is arguably one of the most innovative and developed financial centers globally. Note that the regulatory environment is ever-changing, and one should be prepared to face new challenges and opportunities that this rapidly evolving industry presents.
Table of Major Tax Rates of Hong Kong
Type of tax | Bid | Commentary |
Income tax (corporate tax) | 16,5% | Applies to the tax base, which generally consists of profits derived in Hong Kong. |
Personal income tax | Progressive, maximum rate 17% | Taxes are levied only on income earned in Hong Kong. Tax credits and deductions are available to residents. |
Value added tax (VAT) | 0% | There is no VAT or similar consumption tax in Hong Kong. |
Real estate transfer tax | 15% | Applies to the value of a property when it is bought or sold. |
Vehicle registration fee | Various | Applies to the cost of registering a vehicle in Hong Kong. |
Crypto License in Hong Kong: How to Get It
Obtaining a cryptocurrency license in Hong Kong is a milestone that means a lot for a company willing to expand its services to one of the most promising and exciting financial markets in the world. The transparent regulatory environment, openness for innovation, and strategic position in Asia attract businesses from all over the world. This article provides a description of the procedures related to obtaining a cryptocurrency license in Hong Kong in business terms.
Business Assessment as to whether it needs a License or Not
Assess your business in terms of what kind of license your particular business needs. If your role involves dealing in cryptocurrencies, asset management, advice on such transactions, or exchange operations, then fall within the ambit of the law with respect to Securities and Futures Commission, Hong Kong laws, and regulations.
Research the Basic Regulatory Requirements
Thirdly, once you have identified your licensing needs, it will be relevant to consider specific SFC licensing requirements for your proposed business. These relate to the capital, internal governance arrangements, AML/KYC policies, client asset protection, and cyber security systems.
Prepare Documentation
Prepare a complete set of documents to be submitted to the SFC, including but not limited to a business plan, a detailed description of operational processes, risk management policies and procedures, and evidence of compliance with the capital and financial stability requirements. You will also be called upon to provide information on key personnel and their qualifications.
Submitting the Application
Once you have prepared your documentation, submit your licence application to the SFC. It is also important to note that documents and information should be presented in a clear and complete manner to avoid delays in review consideration.
Engaging with the SFC
The SFC will invite you for a meeting to discuss your application in detail if it deems that. For this, you need to be prepared to explain further and more about your business and operations along with any other queries that may arise.
Getting and Maintaining Terms and Conditions of the Licence
If your application is approved, the SFC will grant a license with certain conditions and restrictions. You are expected to duly consider such conditions and take note to comply with them in the course of your business. You will also be obliged to keep the SFC regularly informed about your operation activities and any changes in your business that may affect your license.
Regular Auditing and Reporting
The company is obligated to adhere to periodic reporting and audit requirements to maintain the license. For instance, the firm should report on its annual financials, internal controls, and compliance with the AML/KYC policy. Additionally, it should undergo internal and external audits of operational and security systems regularly.
Ensuring High Standards of Compliance Continued
One great factor for the success of any cryptocurrency business in Hong Kong is regulatory compliance. This is a continuous process that involves staff training, updates of internal policy and procedures in response to changes in legislation and regulatory practice, and active engagement in dialogue with regulators and industry bodies.
Development and Innovation
A license opens up avenues for development and innovation in your cryptocurrency business. This is an opportunity that you should seize to expound on your service portfolio, venture into new markets, and engage in developing innovative products to suit the needs of your customers, thereby promoting your business.
Obtaining a cryptocurrency license in Hong Kong is quite a complicated but feasible task, given that you are well-prepared and will further follow the requirements of the regulator closely. Compliance with the high standards will be able not only to inspire confidence in clients and partners but also create a guarantee of long-term successful and sustainable development of your business in the field of cryptography trading.
How to get a crypto trading licence in Hong Kong
Obtaining a cryptocurrency trading license in Hong Kong is an important step for companies seeking to further legitimize and grow their digital asset business in one of the most vibrant and regulated markets in the world. Processing for such licenses would involve an approach that requires much care in planning with regulatory requirements in hand, with adherence to all the rules and conditions imposed by the Securities and Futures Commission of Hong Kong. This article describes how to get a license for virtual currency trading in Hong Kong in business English.
Step | Details |
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Determine the License Required | Identify your business in one of the license categories based on the type of cryptocurrency activity. Be aware that certain activities may require one or more types of licenses, as per the SFC’s guidelines for virtual currency transactions. |
Prepare for Regulatory Compliance | Ensure your company meets the regulatory requirements for compliance, including AML/KYC procedures, risk management systems, protection of clients’ assets, qualified personnel, and cybersecurity measures. |
Application Submission | Submit your application to the SFC once you have all necessary documentation. This should include a detailed description of your business model, operations, policies and procedures, and information about key personnel. |
Engaging with the SFC | After submitting your application, you may have meetings and consultations with the SFC, during which you may be asked for additional information or clarifications. Open communication with the SFC is essential to ensure readiness to comply with any adjustments to your operations. |
Maintaining a Licence | Once your application is successful and you receive a Cryptocurrency Trading Licence, you must adhere to both the conditions of the license and any ongoing regulatory changes to maintain your business’s compliance with the SFC. |
In order to maintain a company licence it is necessary to:
- Periodically review internal policies and procedures regularly to update them in accordance with the current regulatory requirements of the Commission.
- Liaise regularly with the Commission, including at all times keeping the SFC informed about any material change in the operations or management composition of the corporation.
- Regular audits of internal systems and controls are undertaken.
- Maintaining the professional competence of key personnel through continuous professional training is necessary to a high level of competency relevant to industry best practices and regulatory expectations.
Obtaining a cryptocurrency trading license in Hong Kong is quite complex, requires extensive knowledge in the field of regulation, attention to detail, and strict conformance to regulatory requirements. Nevertheless, the very possibility of obtaining a license is a great opportunity for companies’ development and growth in one of the most innovative and attractive financial centers in the world. In this regard, the procedure should be sufficiently serious and strategic in all ways to maximize the potential of the cryptocurrency market in order to contribute to your business over the long run.
Taxation of virtual currency companies in Hong Kong
The ConnectionState of Hong Kong, with its progressive regulatory environment coupled with a favorable tax regime, attracts entrepreneurs from around the world to operate virtual currencies. The question now remains: how is the income of companies operating virtual currencies in Hong Kong taxed? The general underlying principles as set by the tax authorities in the region will determine this. In the business language that follows, the key aspects of the taxation of such companies are considered.
Basics of Taxation
Hong Kong has a simple and low tax system. The major tax for business enterprises is corporate income tax, standing at a rate of 16.5% for companies that are incorporated in Hong Kong and whose profits originate in the region. Among the key principles of taxation in Hong Kong is territoriality, in which only profits earned within Hong Kong can be liable for taxation.
Taxation of Virtual Currencies
Hong Kong’s policy on taxation for virtual currency is set in a way to strike a proper balance to promote innovation while levying taxes in a fair manner. Virtual currencies, including bitcoin and other cryptocurrencies, typically enjoy similar tax treatment as conventional financial instruments or structures.
- Profits from Trading in Virtual Currencies: Profits derived from trading in virtual currencies will be subject to profits tax if the said trade is carried out as part of the business of a company that is incorporated in Hong Kong.
- Mining: Profits from mining cryptocurrency might also attract tax if the proceeds from such activity are for commercial reasons and yield profit.
- ICO: This represents funding through an initial coin offering and may give rise to a tax liability for a company if these funds are utilized to finance commercial activities in Hong Kong.
Tax Planning and Compliance
In order to ensure tax compliance and optimizing the tax burden for companies operating virtual currencies in Hong Kong, the following are recommended:
- Extensive Documentation: Practically, record the virtual currency transactions so as to prove to the taxing authorities the income and expenses thereof.
- Consultations with Tax Specialists: Continued communication with tax advisors in respect of amendments in the law of taxation for compliance and optimization of the tax burden.
- Territorial Principle Planning: The goal is to enhance Hong Kong’s territorial principle of taxation by leveraging an optimal business structure in terms of minimizing the tax base in the region.
- International Standards: International standards and guidelines, such as those from the Financial Action Task Force – FATF – may be taken into consideration in order not to engage in international tax planning that could be perceived as tax avoidance.
Exemptions and Benefits
It is important to note that, at times, the Hong Kong tax authorities will not charge any tax on the transactions of virtual currencies. For example, if an individual invests in cryptocurrency for personal reasons and not with an intent to derive profit from a commercial activity, it may not be taxable. However, the areas of distinction between personal investment and commercial activity can be gray, and it is indispensable to seek the advice of tax professionals who can advise on the exact tax liabilities.
Tax planning and compliance issues are very much important for taxation of virtual currency companies in Hong Kong. Hong Kong provides a very favorable tax environment for cryptocurrency companies, but again, success in this area is pegged upon sound tax planning and strategic engagement with tax and regulatory authorities. Considering the territorial principle of taxation, careful bookkeeping, and regular consultancy by tax experts, your business will avoid possible tax risks and will contribute to its sustainable development within the virtual currency market of Hong Kong.
Taxation of Crypto in Hong Kong
The taxation of cryptocurrencies, in general, is an important concern for the entrepreneurs and investors in digital assets in this global financial hub. Hong Kong, with a fast-growing cryptocurrency market, therefore seeks to introduce a cautious balance into the regulatory environment, one that fosters innovation and growth, although it makes sure that fair taxation and regulatory compliance are maintained. This article looks into the crypto taxation regime in Hong Kong using business language.
Tax Policy Review
Hong Kong adopts a straightforward and low tax, attracting business investment in Hong Kong, including cryptocurrency activities. The basic principle of taxation rests on territoriality, meaning that only profits earned or arising in Hong Kong are taxed. From this, it would mean that in most instances in Hong Kong, income derived from cross-border cryptocurrency trading is generally not taxable.
Taxation of Cryptocurrency Transactions
Hong Kong’s cryptocurrency transactions may include but are not limited to trading, mining, initial coin offerings, and any other forms of transaction that pertain to digital assets. Let’s consider the tax aspects of each activity mentioned below:
- Cryptocurrency trading: Profits derived from the sale of cryptocurrencies would be subject to taxation if this is done in the course of a business carried on in Hong Kong. The essential factor is whether the activity emanates from a commercial basis and results in a profit or otherwise.
- Mining: Incomes realized from mining could also fall within the tax bracket, provided such constitutes profits of a business activity carried on in Hong Kong.
- ICO: Funds raised through an ICO may be considered income of a company and, thus, are chargeable to tax if they are used in the course of its business in Hong Kong.
Tax Planning and Optimization
Hong Kong cryptocurrency companies must pay close attention to the following in their effort to minimize their tax liabilities and remain within the ambit of the law:
- Full documentation: Proper bookkeeping of all cryptocurrency transactions, in order to support the income and expenses that will be declared to the taxation authorities.
- Understanding of territorial principle of taxation: Using the territorial principle to plan the business operations in a way to maximize tax efficiency, without violation of legislation.
- Tax professional consultations: Regularly seek professional help from tax consultants and lawyers specializing in cryptocurrencies and taxations in Hong Kong to ensure proper tax compliances and avail all the possible tax benefits.
- Structuring optimization of the company: Review the structural arrangement of the company and its operations to optimize tax liabilities, particularly if the activities conducted by the firm cover international transactions and investments.
- Planning of ICOs and Other Forms of Funding: Strategize the structure an ICO process will take and any other forms of fundraising while considering the tax implications of both the company and investors involved.
Companies operating in Hong Kong also face challenges arising from high levels of uncertainty and dynamically changing regulatory landscapes. Changes in tax law and/or regulatory practice need to be checked regularly in order for timely accommodation of new requirements and minimization of potential risks.
Tax planning in Hong Kong about cryptocurrency companies takes a lot of forethought and a strategic approach. Tax compliance, along with proper tax planning, would enable your company to maximize Hong Kong’s favorable environment for business while maintaining transparency and compliance with tax requirements.
Navigating Cryptocurrency Compliance: Securing a Crypto Exchange License in Hong Kong 2024
Hong Kong stands as a prominent financial center, attracting numerous crypto businesses due to its robust regulatory framework and strategic location in Asia. This guide delves into the specifics of obtaining a crypto exchange license in Hong Kong, outlining the regulatory landscape, the application process, and the benefits of securing a license in this dynamic environment.
Regulatory Framework in Hong Kong for Crypto Exchanges
The Securities and Futures Commission (SFC) of Hong Kong plays a crucial role in regulating crypto-related activities, ensuring that businesses operate within a secure and compliant framework. The guidelines issued by the SFC are designed to protect investors and maintain the integrity of the financial markets while supporting innovation and technological advancements in the cryptocurrency sector.
Types of Crypto Licenses in Hong Kong
Hong Kong offers a variety of crypto licenses to cater to different operational needs:
- Crypto exchange license in Hong Kong: Permits the operation of platforms that facilitate trading between cryptocurrencies and fiat currencies.
- Crypto broker license in Hong Kong: Allows companies to act as intermediaries in crypto transactions.
- Crypto trading license in Hong Kong: For businesses engaged in the direct trading of digital assets.
- VASP crypto license in Hong Kong: Aimed at providers offering a range of virtual asset services.
Application Process for Crypto Licensing
Securing a crypto license in Hong Kong involves a rigorous application process that includes thorough documentation, proof of adequate internal controls, compliance with AML/CFT regulations, and demonstration of a sound business plan. The SFC scrutinizes each application to ensure that only competent and compliant businesses are allowed to operate.
Financial Considerations
The crypto exchange license in Hong Kong cost can be substantial, reflecting the stringent requirements and the premium placed on market entry. Businesses must budget for initial licensing fees, legal costs, and ongoing compliance expenditures.
Benefits of Acquiring a Crypto License in Hong Kong
Holding a licensed status in Hong Kong offers significant advantages, such as enhanced credibility with customers and investors, legal protection, and access to one of the world’s most vibrant financial markets. It also places businesses at the forefront of regulatory developments, offering a competitive edge in a rapidly evolving industry.
Challenges in the Licensing Process
The main challenges in obtaining a license include navigating the detailed regulatory requirements and managing the high operational standards set by the SFC. Companies must stay abreast of regulatory changes and adapt their operations accordingly to maintain compliance and competitiveness.
Market Opportunities in Hong Kong
Hong Kong’s crypto market presents significant growth opportunities, particularly for businesses that leverage the cheapest crypto license in Hong Kong. The region’s status as a global financial hub makes it an attractive market for crypto investments and operations.
Buying and Selling Crypto Licenses
Opportunities to purchase an existing crypto exchange license in Hong Kong for sale can provide a fast track to market entry, though this requires careful due diligence to ensure that the license meets all regulatory standards and business needs.
As Hong Kong continues to refine its approach to cryptocurrency regulation, securing a crypto exchange license in Hong Kong represents a strategic move for businesses aiming to capitalize on the extensive opportunities within Asia’s financial markets. With careful planning, adherence to regulatory demands, and proactive engagement, businesses can navigate this lucrative sector successfully.
Contribution to GDP
VASP license Hong Kong 2025
The rapidly growing blockchain and cryptocurrency market in Hong Kong has created an ever-increasing desire for regulatory actions on the part of the government. In June 2023, for example, the government made it compulsory for operators of cryptocurrency trading platforms to obtain licenses. This step is basically associated with gaining greater control over financial operations and enhancing investor protection, which recently has been in very high demand due to a large number of cybercrimes and fraud cases with digital assets.
One of the most prominent regulatory policies of Hong Kong is that virtual currencies are taxed. It follows a territorial taxation principle, where it only levies an income tax on the profit made within the city. That creates preferential conditions for the cryptocurrency companies since most revenues from digital asset transactions are not taxed.
Another important aspect of the regulatory trajectory is the struggle against money laundering and terrorism financing. Cryptocurrency financial institutions should implement FATF standards, including client identification and reporting requirements for countermeasures against using virtual currency platforms for illegal activities.
While the temptation to make regulatory frameworks tighter is overwhelming, Hong Kong authorities fathom the enormous opportunity that cryptocurrencies and blockchain technologies represent. They balance in a difficult task between protection of investors’ rights and encouragement of innovation in their quest to improve their lead in the digital economy.
In turn, regulators face serious difficulties related to adapting legislation to the rapidly changing cryptocurrency environment. This is to suppose periodic revisions of the regulatory framework and mechanisms of control for its observance-that is, amendments to already acting laws, as well as elaboration of new methods and principles of regulation of digital assets. The latter are in need of being directed at international standards while at the same time providing an opportunity for further technological development.
In this regard, Hong Kong is working on transparent and effective regulation for virtual currencies and blockchain technologies. Such an outcome would depend significantly on the flexibility of the government to new challenges and changes within this fast-evolving environment.
Ambitiously, Hong Kong is trying to position itself as one of the main virtual assets centers. According to the UN 2023 Trade and Development Report, this territory ranked ninth in the world by readiness for advanced technologies integration. Confirmation of the commitment to innovation, investor protection, and development of cryptocurrency-friendly legislation cements Hong Kong’s status as an international leader in the VA sector.
Hong Kong regulators continue to flesh out the existing virtual asset regulatory regime with the introduction of new licensing regimes for fiat stablecoin issuers and over-the-counter operators. The corresponding legislation is expected imminently, following public consultations on each of these proposals.
Furthermore, Hong Kong became the first jurisdiction in Asia that allowed retail investors to trade spot Bitcoin and Ether through physically settled ETFs. This reform introduces the possibility for investors to buy and sell shares of crypto tokens in portfolios of securities, financial derivatives, or virtual assets for the very first time, thus expanding the circle of financial instruments and offering additional flexibility in managing investments.
While virtual assets will be used as an underlying asset in standard financial products, this could mark the greater inclusion of the assets in Hong Kong’s financial sector. Inclusion of Ether in the ETF portfolio will give further impetus to market diversification and create a conduit for new ETFs of other leading cryptocurrencies. This includes metaverse ETFs, blockchain ETFs, and some virtual asset futures ETFs within this proliferation of exchange-traded products in Hong Kong, adding to the city’s credentials as an international finance center.
Large investments by Hong Kong within the sector of FinTech enhance its competitive edges. The HKMA subsidizes the training costs for financial sector specialists on behalf of the government under something called the FinTech Subsidy Scheme. It reflects the strategic orientation toward human capital development that would be a gateway to further advancement in that area.
The five key development pillars in the 2023 “FinTech Promotion Roadmap” are deepening the integration of fintech solutions in Hong Kong’s banking industry, enlarging the fintech workforce, and enhancing data infrastructure. HKMA’s research on creating a retail central bank digital currency-the e-HKD-shows how far Hong Kong is going in its ambition to be on the first wave of any digital currency innovation that is so crucial for maintaining financial center status.
The HKMA introduced a “sandbox” for stablecoins, allowing potential issuers to experiment under light-touch regulation, strong in the dialogue between regulators and market participants. A vivid example of active work in this direction was given by a fintech company headed by a former senior regulator. It collaborates on the creation of a stablecoin pegged to the Hong Kong dollar used for retail and cross-border payments with larger players in digital payments and virtual assets.
Better conditions for the virtual asset industry were additionally created by Hong Kong’s legal environment: local courts recognized cryptocurrencies as “property,” which can be included in trusts, particularly when considering liquidation. The decisions on the freezing of cryptocurrencies as a form of asset preservation and clarity of law, which traders and investors required, are involved in judiciary practice.
However, despite this encouraging climate for virtual currencies, Hong Kong should not be considered as an “easy” jurisdiction to use for regulatory arbitrage. The current licensing regime for VATPs is rigorous and detailed, setting high thresholds on financial resources, management structure, and client asset storage policies, besides anti-money laundering and counter-terrorism financing measures. The SFC also emphasizes that VATPs cannot offer their services to Mainland Chinese residents, which could be one of the reasons why several major exchanges have withdrawn their applications.
On the other hand, a sound regulatory regime can be an effective backbone for industry development in a sustainable manner, building up the reputation of companies under its ambit and instilling investor confidence. This would explain how Hong Kong has continued to attract interest from 17 other potential VATPs still awaiting licenses.
Traditional financial institutions willing to distribute or manage VA funds can certainly look at the latest developments by the HKMA and the SFC. In December 2023, the third joint circular from the regulators was issued, addressing intermediaries dealing in VA. The circular further opens up possibilities for brokers, consultants, and fund managers to provide services involving VAs, which is good for further market development.
Additional measures added for the protection of investors include that almost all the products with a relation to VA have been classified as complex, and except for certain very limited situations, the distributors have to follow the established regime for the sale of that type of product. This for example includes suitability tests by the distributors of the VA products for each investor.
These are essentially professional investor products, with limited retail exposure available. These do allow direct retail trading in VA-related listed products on the Stock Exchange of Hong Kong or other authorized exchange and also investment in VA funds authorized by the SFC for public offer.
Indeed, the SFC has already granted approvals to 25 funds to include investments in virtual assets exceeding 10% in their portfolios. Traditional banks and securities brokers are allowed to provide their services in the VA sector too via partnerships with the licensed VATPs authorized by the SFC. Several brokerage firms have already obtained the corresponding approval from the SFC, although there is presently only two licensed VATPs, and further increases of their number can be expected in future.
These measures demonstrate the commitments of Hong Kong to building a well-developed ecosystem for virtual assets, one which fosters innovative products and their distributors, managers, and investors. Amidst all the competition happening in recent times across the world, Hong Kong is at the forefront in the global virtual asset market, poised and ready to be benefited from in years to come.
“As a trusted partner in crypto industry, I specialize in helping clients secure crypto licenses in Hong Kong. With a deep understanding of the regulatory landscape and a commitment to finding the best solutions for your project, I am here to guide you every step of the way. Let’s work together to bring your crypto venture to life.”
FREQUENTLY ASKED QUESTIONS
Is cryptocurrency regulated in Hong Kong?
Certainly, in Hong Kong, cryptocurrency falls under the regulation of the Anti-Money Laundering and Counter-Terrorist Financing Act, as amended in 2022. The Securities and Futures Ordinance (SFO) and other regulations oversee securities, futures contracts, and stored value objects.
What are the tax implications for cryptocurrency in Hong Kong?
In Hong Kong, bitcoin and other decentralized cryptocurrencies are categorized as "virtual commodities" and are not recognized as legal tender. Consequently, investors in Hong Kong engaged in buying and selling cryptocurrencies are not obligated to pay capital gains tax.
However, if crypto-assets are traded as part of the "ordinary course of business," they are treated as income and subject to income tax. Individuals are subject to income tax at a rate of up to 16.5%, and legal entities are subject to income tax at a rate of 15%. Notably, Hong Kong adheres to the territorial principle of taxation, meaning income tax is applicable only if the business is conducted in Hong Kong, and profits are derived from activities within Hong Kong. Income generated outside of Hong Kong is not taxable.
Concerning taxes related to Initial Coin Offerings (ICOs), the taxation treatment depends on whether the ICO is considered an offering of securities (e.g., providing investors with voting rights) or as a futures or contract for services/goods that offer a future benefit to purchasers.
For more details on the taxation of crypto businesses in Hong Kong, our consultants can provide further information.
Is cryptocurrency trading permitted in Hong Kong?
Absolutely, cryptocurrency trading is allowed in Hong Kong. There are cryptocurrency exchanges and platforms that enable users to buy, sell, and exchange various cryptocurrencies.
What sanctions might a Hong Kong cryptocurrency business encounter?
Significant fines and criminal penalties await those violating cryptocurrency licensing requirements in Hong Kong. Operating without a license can result in fines of up to HK$5,000,000 ($640,000), and company management could face up to seven years in prison.
Failure to comply with established anti-money laundering and counter-terrorist financing (AML/CTF) requirements by a licensed Virtual Asset Service Provider (VASP) and its responsible employees could lead to a fine of HK$1,000,000 (US$128,000) and a two-year prison term if convicted on indictment. Additionally, disciplinary actions such as suspension or revocation of a license, reprimand, corrective action, and monetary fines may be imposed.
Additional services for Hong Kong
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CONTACT US
At the moment, the main services of our company are legal and compliance solutions for FinTech projects. Our offices are located in Vilnius, Prague, and Warsaw. The legal team can assist with legal analysis, project structuring, and legal regulation.
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