Crypto Regulation in Czech Republic

Crypto Regulation in Szech RepublicIn Czech Republic, a comprehensive set of rules governing cryptocurrency businesses is yet to be developed. Crypto activities aren’t currently distinguished as a separately regulated area and cryptocurrencies aren’t considered a legal tender. Most of the crypto companies engaging in crypto-related economic activities are subject to following general legislation aimed at the Czech financial market. Such a liberal approach allows for innovation and experimentation with the fast evolving products and services as long as all the relevant EU rules are adhered to.

All financial market participants are supervised by the Financial Analytics Office (FAU) for AML/CFT purposes. The authority closely cooperates with the Czech National Bank (CNB) who’s responsible for the general supervision of the financial market in Czech Republic. Other national regulatory authorities are the Czech Inspection Authority and the Ministry of Finance.

The CNB doesn’t consider cryptocurrencies a legal tender and instead classifies them as commodities. The decision is based on the existing legislation which has led to the conclusion that crypto data stored on blockchain doesn’t constitute claims denominated in the traditional national currency issued by a central bank, credit institutions or other payment service providers. According to the Article 4(1) of the Payment System Act, cryptocurrencies aren’t treated as electronic money and pursuant to Article 2(1)(c) of the Payment System Act, they aren’t considered funds either.

AML/CFT Legislation in Czech Republic

The most noteworthy legislation affecting Czezh crypto companies has originated from the EU. According to the summary Security of Internet Payments and Cryptocurrency which was published in 2018 by the CNB, all of such companies operating in Czech Republic are obligated to adhere to EU law.

Although crypto activities are largely unregulated in Czech Republic, the authorities have ensured that transparency is one of key operating principles by transposing the EU’s Fourth Anti-Money Laundering Directive (4AMLD), Fifth Anti-Money Laundering Directive (5AMLD) and Sixth Anti-Money Laundering Directive (6AMLD) which obligate cryptocurrency exchanges and crypto wallet providers to implement strict internal AML/CFT procedures. These directives cover regular due diligence measures, collection, documentation and storage of information, assessment of the AML/CFT risks, beneficial ownership, reporting suspicious operations, transactions and customers as well as enhanced due diligence about clients based in high-risk countries.

In fact, the national authorities have gone a few steps further by covering a wider range of crypto-related economic activities. This means that AML/CFT laws apply to those businesses who trade, store, manage, or mediate the purchase or sale of virtual currencies or offer other crypto-related services. In this context, a virtual currency is defined as a digitally stored unit which doesn’t fall under the category of fiat money but is still accepted as a means of payment for products and services by persons who aren’t the issuers of the unit.

The following AML/CFT legislation applies to the companies carrying out crypto-related economic activities in Czech Republic:

  • The AML Act (Act No. 253/2008 Coll.) where AML/CFT principles are laid out
  • The AML Decree (Decree No. 281/2008 Coll.) where requirements for corporate AML/CFT policies and procedures are stipulated
  • The Criminal Code (Act No. 40/2009 Coll.) where criminal acts are defined
  • The International Sanctions Act (Act No. 69/2006 Coll.) where the rules for imposing international sanctions are stipulated

In order to adhere to the AML/CFT rules, crypto companies must take the following steps:

  • Design and implement internal AML/CFT policies
  • Adopt KYC procedures and adequate measures
  • Continuously assess risks pertaining to their customers
  • Hire an AML officer and train the staff accordingly
  • Collect and be prepared to disclose information about ultimate beneficial owners (UBOs) of the companies or institutions initiating transactions
  • Report suspicious transactions and customers
  • Duly prepare reports when requested by the authorities
  • Be prepared to share information about cross-border transfers

As per the EU’s directives and their adaptations in Czech Republic, every crypto company must collect the following information about their customers in order to implement KYC procedures correctly:

  • Individuals – name, birth certificate number, date and place of birth, residential address, citizenship and in case of a individual having a business, a company name, business address and corporate identification details
  • Companies – company name, HQ address, business identification details, including beneficial ownership information
  • Institutions with no legal personality – title, details of the identification of the administrator or equivalent

A failure to comply with the AML/CFT obligations is considered a criminal act and can lead to such sanctions as termination of the business, forfeiture of property, monetary fine and publishing the judgement. The level of required legal measures is decided after a careful assessment of the nature of a breach and the type of the liable person.

Other Crypto-Related Legislation in Czech Republic

Czech crypto companies should also ensure that they understand where their activities should be placed within the current regulatory framework of the financial market and adhere to the relevant rules. Depending on the nature of economic activities, the following laws may be applicable:

  • The Trade Licensing Act (Act No. 455/1991 Coll.)
  • The Act on Banks (Act No. 21/1992 Coll.)
  • The Act on Capital Market Undertakings (Act No. 256/2004 Coll.)
  • The Act on Management Companies and Investment Funds (Act No. 240/2013 Coll.)
  • The Act on Insurance (Act No. 277/2009 Coll.)
  • The Act on Payments (Act No. 284/2009 Coll.)

Based on the general legislation, a number of crypto-related economic activities require authorisation from the CNB, for example:

  • Trading with crypto derivatives requires an investment firm license as they have features of investment instruments
  • Managing assets of investors’ funds which contain cryptocurrencies, regardless of whether the funds are offered to the public or only to a limited group of investors
  • Transferring funds in relation to the arrangement of trades with cryptocurrencies (e.g. as part of the crypto exchange operation where a person makes transfers of non-cash money or electronic money and such transfers have the features of the payment services supply, in particular transfers of funds from client accounts of such exchange to payment accounts specified by them)

Crypto Company Formation in Czech Republic

To apply for a licence, one must establish a company in Czech Republic. One of the most common forms of a legal business structure is a Limited Liability Company (SRO) which can generally be founded within three weeks by one or more shareholders. Its advantages include very minimal required share capital, possible exemption from audit and less regulations compared to other legal structures.

Documents required to establish a crypto company:

  • A Memorandum of Association
  • A business plan that includes details of financial statements and the operational model designed to ensure frictionless functioning of the business
  • Documents pertaining to the backgrounds of company founders and directors (criminal records, education, etc.)
  • Description of any hardware and software that should be used to carry out licensable crypto activities
  • A document from a bank allowing to deposit share capital
  • A copy of a relevant trade licence

All of the required documentation must be supplied in Czech language. If you need a certified translator, our team here at Regulated United Europe (RUE) will be more than happy to assist.

The following steps are a must for a crypto company planning to operate in or from Czech Republic:

  • Having registered premises in Czech Republic for at least one year
  • Employing full-time staff in Czech Republic
  • Appointing at least two resident or non-resident directors who are fit and proper (have relevant educational and professional experience and have no criminal convictions)
  • Developing demonstrable internal AML/CFT policies that can enable identification and reporting of fraudulent activities and clients
  • Appointing a competent AML officer who must be appropriately trained and prepared to report to the relevant authorities
  • Establishing data sharing and protection procedures compliant with the national and EU legislation
  • Designing policies to protect client funds

The process of registering a new crypto company includes the following steps:

  • Verifying the name of a new company
  • Opening a corporate bank account
  • Transfering minimum share capital which is only 1 CZK (approx. 0,04 EUR)
  • Paying state fees associated with incorporation – 6,000 CZK (approx. 243 EUR)
  • Obtaining a mandatory trade license from the Trade Licensing Register
  • Registering a company at the Business Register
  • Registering with the Social Security Administration, selected insurance company and the Tax Offices
  • Registering a company with the FAU for AML/CFT reporting purposes

To establish a company remotely, you have to sign a power of attorney which will allow your representative to act on behalf of you throughout the process of your crypto company formation. If this option suits you best, we’ll step in to help you out.

How to Get a Crypto license in Czech Republic

Although the Czech authorities haven’t designed any complex crypto licensing process, it doesn’t make the companies exempt from the obligation to obtain a license prior to starting their operations in Czech Republic.

Currently, most of them are required to get one of the regular trade licences from the Trade Licensing Register. It’s relatively easy to submit an application and it opens doors to operations in other EU countries, including opening branch offices without having to go through the endless red tape as long as they notify local authorities in accordance with local regulations.

Trades are classified into the following categories:

  • Notifiable trade which can be conducted immediately at the very moment of notification
  • Permitted trade which can be conducted once a concession is granted on the basis of a special business license where it’s necessary to meet certain conditions (e.g. relevant professional experience or education)

The following types of licences are available for crypto companies:

  • Classic – exchange between cryptocurrencies for a commission
  • Fiat – exchange between cryptocurrencies and fiat money for a commission
  • Traditional – intermediation in the exchange of currencies of all types
  • Specialised – specific crypto-related products and services (crypto wallets, encrypted client keys, etc.)

Due to the passporting opportunities, holders of EU/EEA crypto licences don’t have to obtain a Czech license as they can simply notify the Czech authorities by providing an appropriate passport.

The application process can take up to four months which also includes establishing a new company. All applicants are required to follow general authorisation procedures, stipulated by the Trade Licensing Register.

Applications can be submitted online by the managing director(s) using a secure electronic signature to the central Electronic Filing Room of the Trade Register. Submissions are processed by a competent Trade Licensing Office selected by the applicant.

The following information must be submitted along with the application:

  • Corporate documents and details about the qualifying company
  • Identification documents of the founders, directors and shareholders
  • Certificates proving the absence of criminal records, outstanding taxes and debts
  • Business plan that includes strategy and operational policies and procedures

It’s likely that all of the supplied information will be shared with appropriate international supervisory authorities to verify the applicant’s suitability to engage in licensable crypto activities. Successful applicants are granted a license permitting to engage only in the activities authorised by the Trade Licensing Office. If a granted license is conditional, a licensee will be able to start its crypto activities only after fulfilling conditions specified by the authority.

All licensees are legally required to submit reports to any regulatory authority upon their request and a failure to do so can result in the suspension of the license due to fraudulent activities.

It’s imperative to note that it’s illegal to start licensable crypto activities without obtaining an appropriate license first. A crypto company operating without a license might be considered fraudulent, get a penalty of up to 500,000 CZK (approx. 20,204 EUR) and be forced to terminate its activities.

Support for Crypto Companies in Czech Republic

In spite of the government’s liberal approach towards the cryptocurrency businesses, Czech crypto startups and maturing companies are given an opportunity to seek support from government-related and non-governmental initiatives. Startup accelerators and incubators offer support for the development, marketing and sales of crypto products.

First of all, all Czech crypto companies can avail of the CNB’s FinTech contact point, provided that they can prove how their product or service fits into the definition of a financial innovation. The contact point serves as a streamlined communication channel and is designed to improve functioning of the innovation-oriented financial market participants. Qualifying companies can receive advice related to the regulatory issues by completing the contact form. However, since this service isn’t meant to replace professional legal advisors, we encourage you to seek comprehensive legal advice from our team of experts.

When it comes to funding and other crucial business aspects, you can benefit from the following initiatives:

  • CzechInvest, a government-backed agency offering a seven-month incubator programme CzechStarter where startups can receive funding as well as gain access to workshops and advice from experts
  • The Blockchain Connect Association / Czech Alliance, founded to accelerate the development, promote use of blockchain technology across the country as well as eliminate fraud and corruption which should build trust in innovative financial solutions
  • The Institute of Cryptoanarchy aiming to promote the development of the decentralised economy which includes unrestricted dissemination of information and a widespread adoption of such blockchain-based products and services as cryptocurrencies

Taxes on Cryptocurrencies in Czech Republic

Crypto companies should ensure they can effectively operate within the existing taxation framework as they’re taxed according to the nature of their activities which may fall under different sets of general law. They aren’t treated differently from other businesses, unless certain rules are overridden by EU law.

Czech taxes are collected and administered by the Tax Offices. Although the tax year coincides with the calendar year, companies can opt for an accounting year as its tax year.

Generally, crypto companies are subject to paying the following taxes:

  • Corporate Income Tax (CIT) – 19%
  • Branch Tax (BT) – 19%
  • Capital Gains Tax (CGT) – 0%-19%
  • Value Added Tax (VAT) – 21%
  • Social Security Insurance (SSI) – 24,8%
  • Health Insurance (HI) – 9%

The Court of Justice of the European Union (CJEU) ruled out that, for VAT purposes, such cryptocurrencies as Bitcoin are treated as traditional currency and therefore crypto exchange services (cryptocurrency to fiat money and vice versa as well as cryptocurrency to another cryptocurrency) are exempt from VAT. Companies selling other kinds of crypto products and services must register as VAT payers. The tax period for newly registered VAT payers is a calendar month.

While resident companies are taxed on their worldwide income, non-resident companies are only required to pay taxes on the income sourced in Czech Republic. If a company’s headquarters are located in Czech Republic, it’s considered a resident taxpayer. Tax residents can protect their income from being taxed in two different countries by availing of around 80 international agreements on the elimination of double taxation.

Auditing Requirements

Currently, general auditing rules apply to crypto companies, although the approach is impacted by the purpose of cryptocurrencies since there’s no universal definition and they can be held as financial assets, inventory or derivatives. Once a company’s senior management has decided on the classification of the cryptocurrencies, they shall ensure that it’s consistently and transparently reflected in the financial statements.

Auditing is mandatory for the companies that meet at least two of the following criteria:

  • Turnover exceeds 80 mill. CZK (approx. 3,234,413 EUR)
  • Total assets exceed 40 mill. CZK (approx. 1,617,206 EUR)
  • Average number of employees is over 50

Companies which audited financial statements are mandatory for, must supply a statement of cash flows and statement of changes in equity. Annual financial statements are published in the Business Register and must be filed along with the tax return.

If you think that the Czech regulatory framework can help you achieve success in this innovative and lucrative market, our highly experienced and dynamic team of Regulated United Europe (RUE) is here to assist you with navigating through the regulations. We’re well-prepared to provide guidance on the company formation, licensing, taxation and reporting. We also offer accounting services tailored to your needs. Every member of our team guarantees efficiency, confidentiality as well as meticulous attention to every detail that impacts your business success. Contact us now to book a personalised consultation.

Establish a Crypto Company in the Czech Republic

Situated almost at the heart of Europe, the Czech Republic is known for its strategic location and a well-developed and open economy where foreign entrepreneurs can avail themselves of the same rights as Czech citizens. The process of crypto company formation is currently almost identical to the formation of any other type of business, except for the additional layer of AML/CFT-related fulfilment of requirements.

The Czech business environment boasts several advantages, to name a few:

  • A steadily and rapidly growing economy (the economy grew by 3,5% in 2021)
  • The Czech Republic is part of the EU which will enable you to gain access to the EU’s single market
  • The government supports innovative startups through such investment incentives as the Operational Programme Enterprise and Innovation
  • Well-educated and skilled but affordable workforce
  • The Czech Republic ranks 41st out of 190 countries in the World Bank Ease of Doing Business 2019 which is an indication of fairly favourable conditions for businesses (based on the ease of opening and funding a company as well as engaging in economic activities)

Czech companies are regulated by the Business Corporations Act 2012 which covers numerous aspects of incorporation and operations of six types of business structure.

The public business register of the Czech companies is maintained by the Registration Court and administered by the Ministry of Justice in accordance with Act No 304/2013.

For AML/CFT purposes, financial market participants are supervised by the Financial Analytics Office (FAU) which closely cooperates with the Czech National Bank (CNB) who’s responsible for the general supervision of the financial market in the Czech Republic. Other national regulatory authorities are the Czech Inspection Authority and the Ministry of Finance.

Types of Business Entities

If you wish to start a fully licensed crypto business in the Czech Republic, one of the first things to consider is an appropriate business structure. You can choose from a number of business entities but the most common ones are a Limited Liability Company (S.R.O.) and a Joint Stock Company (A.S.).

Irrespective of the business entity type, every crypto company must fulfil the following requirements:

  • Develop internal AML/CFT policies to ensure client identification and reporting of fraudulent activities
  • Find and register a physical office in the Czech Republic
  • Employ full-time staff in the Czech Republic
  • Appoint an AML officer who has to be trained in accordance with the company’s operational model and reporting requirements
  • Establish data protection procedures in accordance with GDPR and other relevant legislation which should enable secure data sharing with the authorities
  • Establish policies and procedures that can ensure the safety of client funds
  • All accounting records must be in the Czech language

Requirements for the directors:

  • The company’s director can be either an individual or another company
  • If the director is an individual from a foreign country, she/he isn’t required to obtain a visa in the Czech Republic in order to register as a company director
  • Absence of criminal convictions
  • Full legal capacity
  • No legal obstacles which would prevent the person from carrying out business activities in compliance with the trade licensing regulations

Any document required for the company formation must be supplied in the Czech language. If you need a certified translator, our team here at Regulated United Europe (RUE) will be more than happy to assist.

Limited Liability Company (S.R.O.)

One of the most common forms of legal business structure is a Limited Liability Company (S.R.O.) which can generally be founded within three weeks. Its advantages include very minimal required share capital, possible exemption from audit and fewer regulations compared to other legal structures.

Key features of a Limited Liability Company (S.R.O.):

  • The company name should include Společnost s Ručením Omezeným”, or its abbreviation Spol. s r.o. or S.R.O.
  • Minimum share capital – 1 CZK (approx. 0,04 EUR) per shareholder
    • A different amount of contribution can be provided for different types of shares
  • At least one shareholder who can be a natural person or a legal person and if the shareholder is a foreigner, a residence permit is required
  • Shareholders can own multiple types of shares
  • Shareholders are liable for the obligations of the company up to the amount at which they haven’t fulfilled their contribution obligations according to the record of the Business Register at the time when it was demanded by a creditor
  • At least two resident or non-resident directors who are fit and proper (have the relevant educational background and professional experience in the financial market and have no criminal convictions)

Documents required to establish a Limited Liability Company (S.R.O.):

  • A Memorandum of Association
  • A business plan, including financial statements and operational structure
  • Identification documents of the company’s shareholders and directors
  • Proof of the absence of criminal records from each shareholder and director, issued by a competent authority proving that there are no obstacles to engaging in crypto-related economic activities
  • Education diplomas of the shareholders and directors
  • Description of any hardware and software that should be used to carry out licensable crypto activities
  • A document from a bank allowing to deposit the share capital
  • A copy of a relevant trade licence

The Memorandum of Association should include:

  • The company’s trade name
  • The description of the company’s economic activities
  • Details about the shareholders (identification, residential address or registered office address)
  • The types of shares held by each member and specific rights and responsibilities attached to them, when different types of business shares are determined
  • The amounts of contributions pertaining to the business shares, including obligations of each shareholder and relevant deadlines
  • Details of a contribution administrator
  • The amount of authorised capital
  • Number and identification details of the company’s directors and the description of their roles
  • In-kind contributions (description, valuation, amount applied towards the issue price)
  • Details of the person appointed as an expert to evaluate the in-kind contributions

A Limited Liability Company (S.R.O.) is subject to a mandatory statutory audit if at least two of the following amounts are exceeded during both the current and previous year:

  • The net turnover – CZK 80 mill. CZK (approx. 3 mill. EUR)
  • The total assets – 40 mill. CZK (approx. 1,6 mill. EUR)
  • The average number of employees – 50

Joint Stock Company (A.S.)

This type of business entity is usually selected by business people intending to expand business activities on a larger scale as this structure allows to attract a high number of shareholders by listing the company’s shares on a stock exchange if specific conditions are met.

Key features of a Joint Stock Company (A.S.):

  • The trade name must include the words Akciová Společnost or their abbreviation Akc. spol. or A.S.
  • Minimum share capital – either 2 mill. CZK or 80,000 EUR
    • It must be expressed in Czech crowns or, if a company keeps its accounts in euros under a special act, it can be expressed in euros
  • At least one shareholder (the number is unlimited)
  • Shareholders are liable for the obligations of the company up to the amount at which they haven’t fulfilled their contribution obligations according to the record of the Business Register at the time when it was demanded by a creditor
  • The company is liable for breaches of its obligations by its entire property
  • Three statutory bodies – General Meeting, Board of Directors and a Supervisory Board

Documents required to establish a Joint Stock Company (A.S.):

  • Articles of Association
  • A business plan, including financial statements and operational structure
  • Identification documents of the company’s shareholders and directors
  • Proof of the absence of criminal records from each shareholder and director, issued by a competent authority proving that there are no obstacles to engaging in crypto-related economic activities
  • Education diplomas of the shareholders and directors
  • Description of any hardware and software that should be used to carry out licensable crypto activities
  • A document from a bank allowing to deposit the share capital
  • A copy of a relevant trade licence

The Articles of Association shall also include the following:

  • The company’s trade name
  • Description of company’s activities and objects
  • The amount of authorised capital
  • Rules for paying the registered capital up at the time of the incorporation
  • Details about shares – number, nominal value, whether and how many shares will be registered, transferability and types along with rights attached to them if applicable, as well as details on the subscription by each of the founders
  • If the issue price is to be paid by in-kind contributions, details about the types of contributions, identification details of the contributors, associated shares, price, etc.
  • If the shares are to be issued as book-entry securities, the number of asset accounts to which the book-entry shares are to be issued
  • The number of votes attached to a share and the method of voting at the General Meeting
  • Information about the internal structure and governance of the company, including the rules for determining the number of members of the Board of Directors or the Supervisory Board
  • Estimated costs incurred by the formation of the company
  • Information about the persons appointed by the founders to act as members of the company bodies who should be elected by the General Meeting
  • Details on the appointment of the contribution administrator

A Joint Stock Company (A.S.) is subject to a mandatory statutory audit if at least one of the following amounts is exceeded during both the current and previous year:

  • The net turnover – CZK 80 mill. CZK (approx. 3 mill. EUR)
  • The total assets – 40 mill. CZK (approx. 1,6 mill. EUR)
  • The average number of employees – 50

What You Need to Do

You can either travel to the Czech Republic or opt for a remote company formation in which case you have to sign a power of attorney which will allow your representative to act on behalf of you throughout the process of your crypto company formation. Should you decide to do so, contact our legal experts to enquire about further steps.

Crypto company formation might take up to four months which also includes obtaining a trading licence.

To establish an authorised cryptocurrency company in the Czech Republic, you have to take the following steps:

  • Verify and reserve the company name
  • Obtain a legal address for at least one year
  • Prepare and notarise incorporation documents
  • Open a corporate bank account in the Czech Republic
  • Transfer minimum share capital to the new bank account
  • Pay the state fees associated with incorporation – 6,000 CZK (approx. 243 EUR)
  • Register the company at the Business Register
  • Apply for a mandatory trade licence from the Trade Licensing Register
  • Register the company with the Tax Offices
  • Register the company with the FAU for AML/CFT reporting purposes

The Czech Republic hasn’t introduced a robust regulatory framework for cryptocurrency businesses. However, every crypto company must obtain a regular trade licence from the Trade Licensing Register prior to commencing business.

Depending on the purpose of cryptocurrency usage, a company can apply for any of the following licences:

  • Classic – exchange between cryptocurrencies for a commission
  • Fiat – exchange between cryptocurrencies and fiat money for a commission
  • Traditional – intermediation in the exchange of currencies of all types
  • Specialised – specific crypto-related products and services (crypto wallets, encrypted client keys, etc.)

Taxation of Crypto Companies in the Czech Republic

In the Czech Republic, taxes are collected and administered by the Tax Offices. Although the tax year coincides with the calendar year, companies can opt for an accounting year as their tax year.

Czech Crypto companies are subject to paying the following general taxes:

  • Corporate Income Tax (CIT) – 19%
  • Branch Tax (BT) – 19%
  • Capital Gains Tax (CGT) – 0%-19%
  • Withholding Tax (WHT) – 15%
  • Value Added Tax (VAT) – 21%
  • Social Security Insurance (SSI) – 24,8%
  • Health Insurance (HI) – 9%

Cryptocurrencies aren’t considered legal tender, therefore it’s advised to classify them as other inventory. Revenues sourced from cryptocurrencies should be recorded as other revenues.

Tax resident companies are liable for paying taxes on their income sourced in the Czech Republic and abroad. Non-resident companies are only required to pay taxes on the income sourced in the Czech Republic. If a company is incorporated or its headquarters are located in the Czech Republic, it’s considered a resident taxpayer.

Our team of dedicated and quality-focused lawyers will be delighted to provide you with tailored, value-added support in establishing a fully authorised cryptocurrency company in the Czech Republic. From the very start of the process, you’ll be backed with expertise in company formation, swiftly evolving AML/CFT legislation and taxation. Moreover, we’ll be more than happy to step in if you’re looking for financial accounting services. Contact us today to receive a personalised offer.

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