Cryptocurrency Regulation in Poland

Cryptocurrency Regulation in PolandWith the growing popularity of virtual currencies, the physical signs of which are Bitcoin ATMs, Poland has become a jurisdiction where cryptocurrency businesses – mining, sales, and purchase of crypto assets – are regulated and supervised by the national authorities.

The Polish financial market is generally supervised by the Polish Financial Supervision Authority which is responsible for ensuring effective functioning and development of the market as well as participates in the preparations of the draft legal acts created for the purpose of the financial market supervision.

Cryptocurrency businesses are now a separately regulated area, administered by the Tax Administration Chamber who keeps a register of crypto activities, titled the Register of Virtual Currencies.

Crypto companies operating in Poland are supported by the following initiatives:

Poland cryptocurrency regulation

Anti-Money Laundering and Counter-Terrorist Financing Law

The main legal act combating money laundering and terrorist financing in the Polish crytpcurrency and other financial markets is the Act of March 1, 2018 on Counteracting Money Laundering and Financing of Terrorism, also known as the Polish AML Act. It’s one of the first pieces of Polish legislation defining the AML-specific term of “virtual currencies” and their regulation in the country. It stipulates fundamental AML principles for virtual currency institutions carrying out the following activities:

  • Virtual currencies exchange
  • Exchange of virtual currencies for fiat money
  • Cryptocurrency brokerage
  • Account provision and maintenance services for virtual currencies (crypto wallets)

The General Inspector of Financial Information is at the forefront of the Polish anti-money laundering and counter-terrorist financing system. The aim is to increase transparency and impose protection from suspicious transactions.

The tasks of the institution include the following:

  • Enforcing compliance with the Polish AML Act
  • Requesting information about transactions from the financial institutions
  • Analysing information about the financial market actors that might be linked to money laundering or terrorist financing
  • Suspending transactions and blocking accounts
  • Cooperating with national authorities as well as foreign institutions which they’re also authorised to share information with
  • Assessing and reporting on the national risks pertaining to money laundering and terrorist financing
  • Creating strategies to combat money laundering and terrorist financing
  • Imposing administrative penalties
  • Communicating information about their area of work through the public channels

Virtual currency companies are obligated to implement the following procedures:

  • Transparent designation of the company’s management responsible for carrying out responsibilities laid out in the Polish AML Act
  • Implementation of internal AML processes designed for combating money laundering and terrorist financing
  • Integration of KYC processes created for customer identification and verification as well as for assessing potential client-related risks
  • Reporting to the the General Inspector of Financial Information
  • Designing and running training programmes for the company’s staff responsible for executing AML procedures

Competition and Consumer Protection

Under Polish law, specific rules for cryptocurrency consumer protection haven’t been established yet. However, the Consumer Rights Act of 30 May 2014 regulates economic activities of businesses that conclude contracts with consumers regardless of the means of transactions which makes it applicable to the virtual currencies. Like all market participants, cryptocurrency-using businesses must comply with the Consumer Rights Act when concluding a contract with consumers, the example of which is respecting the right to withdraw from the contract in the cases stipulated in the Consumer Rights Act.

As long as virtual currencies don’t qualify as e-money which is considered a payment service, their circulation isn’t subject to the Payment Services Act.

In Poland, there is no specific competition regulation for cryptocurrencies, although the provisions of the Act on the Protection of Competition and Consumers of 16 February 2007 generally apply. It tackles the following tasks:

  • Regulation of promoting and protecting competition
  • Protecting the interests of entrepreneurs and consumers in the public interest
  • Preventing anti-competitive practices
  • Preventing practices that infringe collective consumer interests
  • Preventing the application of wrongful provisions of model forms of contracts
  • Preventing anti-competitive concentrations and combination of entrepreneurs

New Crypto Regulations in the EU

Cryptocurrency regulation is advancing in the EU which Poland is part of. Therefore, in addition to the Polish law, it’s imperative to monitor the quickly evolving European legal framework that’s being constructed to regulate cryptocurrency businesses operating in or from the EU.

For instance, the European Commision is currently working on new KYC requirements for crypto businesses which will restrict virtual currencies businesses from transacting with unhosted wallets without verifying their owners’ identities beforehand. The Commission has proposed removing the current threshold of 1,000 EUR which means in the near future all crypto transfers will be subject to KYC procedures.

The Register of Virtual Currencies

A company planning to engage in cryptocurrency-related economic activities in Poland is legally required to register with the Register of Virtual Currencies, maintained by the Tax Administration Chamber.

Companies engaging in the following activities are obligated to get into the Register:

  • Exchange of virtual currencies for fiat money
  • Exchange of virtual currencies one for another
  • Provision and maintenance of accounts for virtual currencies (wallets)
  • Intermediation for the exchange of virtual currencies (brokerage)

These activities also determine the type of a license a virtual currencies company should apply for. A company is permitted to obtain either one or all the applicable licences.

The Register is part of amended KYC procedures. Any company that fails to register prior to the launch of their crypto activities, may be fined the sum of 100,000 PLN (approx. 21,646 EUR). Before going through the mandatory crypto-authorisation procedure, crypto businesses must make sure that they comply with particular legal requirements.

Requirements for the Virtual Currencies Company

The process of establishing a company for a cryptocurrency business in Poland is identical to the process of establishing a company for any other business. The most popular type of a crypto company in Poland is a Limited Liability Company (Sp z.o.o) which can be established by one or more shareholders who are all allowed to be foreign non-residents of Poland and who aren’t required to hire a local director. Depending on the provision of required documentation and institutional procedures, it may take several weeks to open a new company in Poland.

Key steps of opening a new Limited Liability Company in Poland:

  • Having a unique company name prepared for the registry
  • Drawing up a power of attorney in case of remote registration
  • Getting a notarised photocopy of the passport of the director/founder of the company with an apostille attached to it
  • Preparing the Deed of Formation (the founding documents for an Limited Liability Company must be prepared and signed in front of a Polish notary)
  • Registering local office premises is a prerequisite (the lease agreement will suffice to prove it), a virtual office might be an option too
  • Opening a corporate bank account in Poland
  • Transferring the authorised capital to the new account, the minimum of which is 5,000 PLN (approx. 1,084 EUR), which is subject to a 0,5% Civil Transaction Tax
  • Obtaining a REGON (statistical) number
  • Obtaining a NIP (tax identification) number
  • Applying for a VAT number
  • Submitting an application to register the company with the National Court Register (KRS); it will require such information as REGON number, NIP number and the application for the company’s registration with the Social Insurance Institution (the registration fee – 500 PLN (approx. 108 EUR), the consideration may take up to 7 days)
  • Appointing a Management Board of the company

Moreover, prior to registering with the Register of Virtual Currencies it’s imperative to demonstrate that the crypto company has designed a transparent and reliable framework of operations.

Requirements specific to a virtual currencies company:

  • A business plan must include documentation about hardware and software used for crypto business operations
  • Internal processes for meeting AML/KYC standards and ensuring risk control must be established
  • Hiring an AML officer who has to be neither a Polish citizen nor a resident of Poland; having relevant professional experience is a prerequisite

It’s important to note that all of these documents must be submitted in Polish which means that non-Polish speakers and non-Polish document owners will need the services of a sworn translator.

Many obligations related to running a company in Poland can be performed online. If the company directors are foreign citizens without a Polish personal identification number PESEL, they can request it in case they wish to obtain a Trusted Profile allowing electronic signing of applications which will enable them to make use of online services for businesses.

Company directors and founders must meet the following requirements:

  • No criminal records – the law enforcement authorities should issue a certificate proving that the directors and founders were never convicted of criminal or tax offence against public institutions and local government, the administration of justice, the credibility of documents, property, economic turnover and property interests in civil law transactions, money and securities trading, or any offence committed for material or personal gain or an intentional fiscal offence.
  • Proven professional and/or academic financial experience – the directors and founders must demonstrate that they have at least 1 year of experience in the virtual currencies business; if this condition can’t be met, they have to attend a course covering legal and practical issues related to virtual currencies businesses.

Registration Process for the Register of Virtual Currencies

Prior to starting to operate in Poland, every crypto company must go through the crypto-authorisation procedure for registering with the Register of Virtual Currencies.

Applications may only be submitted electronically via the Electronic Platform of Public Administration Services (ePUAP). It must be consistent with the facts and contain all the required documentation. If all the conditions are met, the Tax Administration Chamber will enter the company into the Register of Virtual Currencies within 14 days from the date of receipt of the application. In case of errors, it’s permitted to apply for the correction of the application but it may delay the process of consideration.

The Polish regulator hasn’t confirmed any periodic fees for the supervision of virtual currencies companies in Poland.

The main stages of the application process:

  • Acceptance of the application for entry into the Register
  • Verification of the application
  • Entry into the Register or issuance of a decision refusing to make an entry into the Register

Key steps of the applicant journey:

  1. Preparing a declaration of compliance with the conditions required by law to conduct activities in the field of virtual currencies
  2. Preparing a declaration of no criminal record
  3. Filling out the ePUAP application form
  4. Paying the stamp duty in the amount of 616 PLN (approx. 133 EUR) at the time of submitting the application (the payment confirmation must be attached to the application form)
    • Payments are made to the bank account of the Katowice City Hall: PKO BP SA no. 52 1020 2313 2672 0211 1111 1111 (with an annotation “fee for entry in the register of activities in the field of virtual currencies”)
  5. An applicant can opt to request a virtual certificate of an entry into the Register of Virtual Currencies which can be issued within 7 days from the date of obtaining the entry. However, it must be paid for at the time of submitting the application; the stamp duty is 17 PLN (approx. 4 EUR).

It’s not possible to appeal the decision to refuse to make an entry into the Register of Virtual Currencies but it’s allowed to submit a new application for reconsideration. The application is submitted to the Director of the Tax Administration Chamber in Katowice either electronically via the ePUAP platform or

by sending it by post to the following address: ul. Paderewskiego 32b, 40-282 Katowice.

Reporting Requirements

All types of companies established in Poland are obligated to comply with the annual reporting and auditing requirements. Annual financial statements and annual income tax declarations must be submitted to the e-Tax Office. Moreover, cryptocurrency companies are obligated to submit AML reports to the General Inspector of Financial Information. VAT reporting is submitted either monthly or quarterly.

A certified audit, on the other hand, is required only if a Limited Liability Company meets at least two of the following conditions: annual net revenue exceeds 5 mill. EUR, annual turnover exceeds 2,5 mill. EUR, annual employment is 50 or more full-time employees.

Taxation of Virtual Currencies Companies

There is no crypto-specific tax, however cryptocurrency companies operating in Poland, depending on their legal structure, are subject to paying a variety of already existing taxes which in certain cases might be spared, considering that Poland has agreements on the avoidance of double taxation with more than 80 countries.

The most common taxes applicable to a Limited Liability Company in Poland include Corporate Income Tax, Personal Income Tax, VAT, Stamp Duty, Real Estate Tax and Excise Duty. Also, just like any other employer, a virtual currencies company, if employing individuals, is obligated to pay Social Insurance and Health Insurance contributions to the Polish government.

Standard tax rates in Poland:

  • Corporate Income Tax – 19% (if annual revenue doesn’t exceed 2 mill. EUR, a 9% rate applies)
  • Personal Income Tax – 17%-32% depending on the taxable income band
  • VAT – 23%
  • Dividends withholding tax – 19%

When it comes to paying Corporate Income Tax in Poland, the following aspects are worth noting:

  • Revenues from the exchange of virtual currency for legal tender, goods, services or property rights other than the virtual currency, or from the payment of other liabilities with the virtual currency, shall be considered revenues from capital gains.
  • The value of virtual currency obtained in exchange for other virtual currency isn’t considered as revenue.
  • As in the case of revenues, expenses incurred in relation to the exchange of virtual currency for another virtual currency will not be considered as revenue earning costs.
  • Income from the transfer of virtual currencies is the difference gained in a given tax year between the total revenues earned from the transfer of virtual currencies against consideration and the revenue earning costs.
  • To avail of the preferential tax rate or tax exemption under a relevant double tax agreement, the location of the taxpayer’s seat for tax purposes must be documented by a certificate of residence obtained from the taxpayer.
  • At the end of the tax year which coincides with the calendar year, the taxpayer must indicate in the tax statement the income earned in that tax year from the transfer of virtual currencies and calculate the income tax due.

Key aspect to note when registering as a VAT taxpayer:

  • According to EU law, the provision of services involving the exchange of cryptocurrencies into traditional currencies and the exchange of traditional currencies into cryptocurrencies is VAT exempt.
  • Other products and services are subject to VAT

Suspending Virtual Currencies Activities

In the case of suspension of activities in the field of virtual currencies, a company can apply for the removal from the Register Virtual Currencies. The application isn’t subject to stamp duty. Information about the deletion from Register Virtual Currencies will be visible in the Register within 14 days from the date when the decision in this matter becomes final.

It’s mandatory to report on the suspension of virtual currency activities. The notification of suspension of activities in the field of virtual currencies must be made by submitting an electronic form via ePuap. It should be submitted within 14 days from the date of suspension of the activity. In the notification a company should indicate the date of the suspension of activities, which may not be earlier than the date of entry into the registry and cannot be a date from the future.

The authorities responsible for the maintenance of the Register Virtual Currencies can remove a company from the Register on the following occasions:

  • After obtaining information on the removal of the company from the Central Register and Information on Economic Activity or from the National Court Register
  • If a company fails to meet the conditions required by law to perform virtual currencies activities
  • If a company becomes incompatible with the actual state of affairs

 

Our highly experienced and trusted lawyers will be pleased to provide you with tailored support in registering with the Register of Virtual Currencies and in obtaining a crypto license in Poland. We closely monitor local regulations and are therefore well prepared to guide our clients through every stage of the registration process in an efficient manner.

Establish a Crypto Company in Poland

Today, Poland is known for the ease of starting a business, stable economic environment, low taxes, and a crypto-friendly approach that allows cryptocurrency businesses to enter one of the largest European markets, and consequently, the entire EU.

A lot of business-related administrative processes have been digitalised and many obligations pertaining to running a company in Poland can be performed online. Even if founders and directors of a new company are foreign citizens, they can request a Polish personal identification number PESEL in order to obtain a Trusted Profile allowing electronic signing of founding documents and various applications designed to make use of online services for businesses.

Before diving any further into the specifics of establishing a Polish company, it’s crucial to note that you can only enjoy all the benefits related to having a Polish company if it’s fully licensed by the Polish Financial Supervision Authority which is responsible for reinforcing AML/CFT regulations.

Types of Business Entities

In Poland, any legal business structure – partnerships and capital companies – can be eligible for a crypto licence. The most common types of legal business structures in Poland are Limited Liability Company (Sp z.o.o.), Joint Stock Company (S. A.) and Limited Partnership (Sp. k.).

Limited Liability Company (Sp z.o.o)

This type of legal entity is the most popular form of business in Poland and can be established within several weeks by one or more resident or non-resident shareholders who can be either natural persons or legal entities. The minimum share capital is 5,000 PLN (approx. 1,084 EUR), the transfer of which is subject to the Civil Transaction Tax at the rate of 0,5%.

Notable features of a Limited Liability Company (Sp z.o.o.):

  • The name of a new company can’t be similar to any other Polish company name and it must end with the abbreviation Sp. z.o.o.
  • The share capital of the company can be divided into shares of equal or non-equal nominal value which can’t be lower than 50 PLN (approx. 10 EUR) per share
  • The shareholders of the company can be either natural persons or legal entities, however, a Limited Liability Company (Sp z.o.o.) can’t be established by a sole shareholder if it’s another Limited Liability Company (Sp z.o.o.)
  • The company is represented by its board members who don’t have to be Polish citizens, nor do they have to be permanent residents of Poland
  • While the company is liable for its own debts, its shareholders aren’t liable for the company’s obligations – they only risk the value of their contributions to the share capital
  • In case of bankruptcy, a respective petition must be filed in a timely manner, otherwise, the company’s board members may be liable for the company’s debts
  • The company must have a registered address in Poland

Required documents:

  • Articles of Association
  • The list of shareholders
  • Apostilled photocopies of the passports of the company’s founders and directors
  • A document containing the names and postal addresses of the persons authorised to appoint the management board
  • Board statement confirming that full contributions have been made by all shareholders
  • An agreement on board appointment signed by shareholders
  • Proof of postal addresses of the board members
  • Written consents by the board members to be appointed board members
  • Proof of payment of the registration fees

Joint Stock Company (S. A.)

This type of legal entity is usually chosen to establish a large-scale business and its capital can be raised through the issuance of shares. The minimum amount of share capital is 100,000 PLN (approx. 20,700 EUR).

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

  • No requirements for company name
  • The shareholders of the company can be either natural persons or legal entities, however, a Joint Stock Company (S. A.) can’t be established by a sole shareholder if it’s a Limited Liability Company (Sp z.o.o.)
  • The shareholders aren’t liable for the obligations of the company
  • The share capital should be divided into shares of equal nominal value which can’t be lower than 0,01 PLN (approx. 0,21 EUR) per share
  • If shares are subscribed for cash contributions, at least 25% of their nominal value should be paid prior to the company’s registration
  • It’s mandatory to establish a supervisory board whose role is to permanently supervise all areas of the activities of the company
  • The company is represented by the management board which can consist of one or more members, usually appointed by the supervisory board for a maximum of five years (the rules concerning the management board must be stated in the statute)

Required documents:

  • Statute
  • A deed of the formation of the company
  • A deed of the subscription for the shares
  • Apostilled photocopies of the passports of the company’s founders and directors
  • A statement of all members of the management board confirming that all the contributions have been legally made
  • In the case of cash contributions, a confirmation of payment for the shares made to the account of the company (must be certified by a bank or an investment company)
  • In the case of in-kind contributions, a statement of all board members confirming that payments of the contributions within the statutory period are guaranteed by the statute
  • A document containing the names and postal addresses of the persons authorised to appoint the management board
  • A document confirming that the senior management has been formed, containing information about each member of the senior management
  • Written consents by the board members to be appointed board members along with their postal addresses
  • Proof of payment of the registration fees

Two types of shares are issued – registered shares and bearer shares. Registered shares have the owner’s name and details on the share certificate and can be found on a share register. The certificate of registered shares can be issued prior to making full payment. When it comes to selling such shares, the statute can state that the sale is limited in such ways as the prior consent of the company.

The certificate of bearer shares doesn’t contain information about the owner and it can’t be issued before making full payment. The sale of the bearer shares can’t be limited by any restrictions. Upon the shareholder’s request, registered shares can be changed to bearer shares and vice versa, unless the law or the statute states otherwise.

Limited Partnership (Sp. k.)

This type of legal entity for a business of any size and complexity can be established by at least two founders who can be either natural or legal persons. There are no requirements for the company’s capital.

According to Art. 102, 103 of the Commercial Code, there are the following types of partners in a Limited Partnership (Sp. k.):

  • A general partner who’s liable for the obligations of the partnership without any limits
  • A limited partner who’s liable only up to the value of their capital contribution, specified in the Articles of Partnership (the amount is set up individually for each limited partner)

Essential features of a Limited Partnership (Sp. k.):

  • The business name should contain the surname or business name of one or more of the general partners, however, the surname of the limited partner can’t be included in the business name
  • It has no legal personality, which means that partners are liable for the obligations of the partnership at least to some extent
  • The Limited Partnership (Sp. k.) is represented by the general partners, and a limited partner can represent the partnership only as a proxy
  • The affairs of the company are managed by the general partners, and limited partners aren’t obligated or entitled to manage the affairs of the business unless the Articles of Partnership state otherwise
  • Limited partners have the right to request a copy of the financial statements
  • An office registered in Poland is mandatory

Required documents:

  • Articles of Partnership
  • A standard application form for company registration
  • Documented company name and purpose of the business activities
  • Proof of registered address
  • Proof of contributions of each partner
  • Details about general partners and limited partners, including identification documents
  • Details of the persons authorised to represent the company, including delegated representatives
  • Proof of payment of the registration fees

For any type of legal entity, all documents have to be notarised and submitted in the Polish language. If you need assistance with finding a Polish notary or a certified translator, don’t hesitate to reach out to us – we’re always happy to arrange such services.

Requirements Specific to Crypto Companies

Prior to registering a crypto company in Poland, you must ensure that your intended activities are licensable and the company set up complies with regulations as cryptocurrency businesses are a separately regulated area, administered by the Tax Administration Chamber which keeps a register of crypto activities, titled the Register of Virtual Currencies. It’s mandatory to apply for entry into the Register prior to the start of operations in Poland.

Requirements specific to any form of a crypto company:

  • A business plan must include information about hardware and software used for crypto business operations
  • Internal processes for meeting AML/CFT standards and ensuring risk control must be developed and implemented
  • Hiring an AML Compliance Officer who must have relevant professional experience (no citizenship or residence requirements)

Company directors and founders must meet the following criteria:

  • No criminal records – the law enforcement authorities should issue a certificate proving that the directors and founders were never convicted of criminal or tax offences against public institutions and local government, the administration of justice, the credibility of documents, property, economic turnover, and property interests in civil law transactions, money, and securities trading, or any offence committed for material or personal gain or an intentional fiscal offence
  • Proven professional and/or academic financial experience – the directors and founders must demonstrate that they have at least one year of experience in the virtual currencies business; if this condition can’t be met, they have to attend a course covering legal and practical issues related to virtual currencies businesses

What You Need to Do

The process of establishing a company for a cryptocurrency business in Poland is nearly identical to the process of establishing a company for any kind of business. Depending on the complexity of a company, quality of supplied documents, and institutional procedures, the process may take from several weeks to several months. The court registration fee is 600 PLN (approx. 124 EUR) or 350 PLN (approx. 72 EUR) in case of registration via the digital S24 platform.

Key steps of opening a new crypto company in Poland:

  • Prepare a unique company name
  • Draw up a power of attorney in case of remote registration
  • Prepare the founding documents
  • Find and register local office premises (a virtual office might be an option too)
  • Open a corporate bank account in Poland
  • When applicable, transfer contributions covering the company’s share capital to the new bank account
  • Obtain a REGON (statistical) number
  • Obtain a NIP (tax identification) number
  • Apply for a VAT number
  • Pay registration fees
  • Submit an application to register the company with the National Court Register (KRS); depending on the company type, it will require such information as REGON number, NIP number, and the application for the company’s registration with the Social Insurance Institution
  • Submit an application for a crypto licence

Applications for a crypto licence can only be submitted electronically via the Electronic Platform of Public Administration Services (ePUAP). If a crypto company satisfies all the regulatory requirements, it will be included in the Register within 14 days from the date of receipt of the application which will allow them to start operating in Poland. The application fee is applied in the form of the Stamp Duty in the amount of 616 PLN (approx. 133 EUR). There are no periodic supervision fees.

Taxation of Crypto Companies in Poland

Having a crypto company established in Poland will incur tax liabilities since Polish crypto companies are obligated to pay general taxes. On the other hand, they may also benefit from numerous allowances. For instance, Poland has agreements on the avoidance of double taxation with more than 80 countries which will enable you to protect your company’s income from being taxed twice.

Standard tax rates in Poland:

  • Corporate Income Tax – 19% (if annual revenue doesn’t exceed 2 mill. EUR, a 9% rate applies)
  • Personal Income Tax – 17%-32% depending on the taxable income band
  • Value Added Tax – 23%
  • Dividends Withholding Tax – 19%

Support for Crypto Startups in Poland

Once your company is up and running, you may want to seek support from local organisations whose goal is to promote the development and growth of cryptocurrency businesses.

For instance, Poland-based blockchain companies are supported by the Blockchain and New Technologies Chamber of Commerce which represents the interests of the industry under the applicable Polish law in the dialogue with the national authorities. Their objectives mainly focus on cryptocurrency taxation, including the ability to pay taxes in cryptocurrency, and on preventing blockchain innovations from being hampered by out-of-date legislation.

 

Another initiative that might be worth your attention is the Innovation Hub where the Polish Financial Supervision Authority consults financial market companies operating in Fintech, Suptech, and Regtech as well as provides virtual sandboxes to accelerate the development of startups.

 

If you’re willing to establish a crypto company in Poland, our highly experienced and dynamic team of Regulated United Europe (RUE) is here to support you. We offer comprehensive advice on company formation, licensing and taxation. Furthermore, we’ll be more than happy to step in if you’re in need of accounting services. Rest assured, we guarantee efficiency, confidentiality as well as meticulous attention to every detail that impacts your business success. Contact us now to book a personalised consultation.

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