Estonia is a country that is known for its innovation and digital technology. The country is a part of the European Union and adheres to general laws. Since the innovation of blockchain technology[1], the demand for cryptocurrency has been an uprising. The country provides the companies to offer two types of virtual digital services to its customers by making transactions and transfers in the name of clients or on their behalf. Obtaining a licence for Cryptocurrency in Estonia offers a suitable platform to the companies so that there will be less hindrance in the process. The rule of cryptocurrency in Estonia is governed by the Anti-Money Laundering and Prevention of Terrorism Financing Act. The present article will simplify the licencing procedure and provide for the fee requirement.
The benefits of taking a licence of cryptocurrency in Estonia:
The regulatory authority that manages the authorisation of obtaining licences for cryptocurrency in Estonia is Financial Intelligence Unit (FIU).
The amendment has been brought under the Anti-Money Laundering and Prevention of Terrorism Financing Act which has brought significant changes to the blockchain industry and its requirements with authority. The current legislation provides that the below-mentioned requirements are to be fulfilled to obtain a license of cryptocurrency.
S.no. | Requirement |
State Fee | The state fees for licensing applications are: New Applications: Euro 10,000Amendments in the Application: Euro4,000 |
Share Capital | The capital requirements if the services offered are: Virtual Currency Exchange, Virtual Currency Wallet, ICO and arranging of virtual Currency offer: Euro 100,000Virtual Currency Transfer:Euro 250,000 The source of funding must be appropriately disclosed. |
Board of Management | The requirements for the board of management are: The board of management shall be located in EstoniaThe investors and the board of management shall have no prior convictions concerning economic activities and should have declared fit and proper to conduct their business activities.The board member shall possess at least 2 years of Expertise in law, auditing, finance, accounting, public or administrative management or IT.Any board member cannot hold the position in more than 2 companies engaged in cryptocurrency activities. |
Anti-Money Laundering Officer | The company shall appoint an AML officer who must advise and comply with the provisions of the AML Act. Along with that, the AML officer must possess: Necessary knowledge and holds experience in the field of AML.Candidate’s permanent place of work is in Estonia.AML office can hold the position only in one cryptocurrency in Estonia Further, the AML officer can be invited for an interview by the FIU to judge their competency. |
Place of Business | The company willing to start a business of Cryptocurrency in Estonia shall have its place of business or its main branch registered in the country. The company shall abide by its obligations and only offer services that are enlisted in its objectives. |
Auditing | The companies engaged in the business of Cryptocurrency in Estonia are required to conduct auditing of their accounts. The company may appoint an external auditor. |
Business Plan | The company willing to obtain a license for Cryptocurrency in Estonia shall prepare a business plan that will include all the business activities, services, strategies, prospective customers, estimated income and expenses and other information, and it shall be presented for at least 2 years. |
The new amendments have made it mandatory for the regulatory authority to keep a strong check on the activities of businesses operating in the field of Cryptocurrency in Estonia. The procedure for obtaining a license for Cryptocurrency in Estonia is:
The first step in the process of obtaining a license for Cryptocurrency in Estonia is the registration of the company. The company can be registered as a Private limited company or a Public Limited Company. It can be registered by a person holding an e-residency or by a person. The applicant can make the application through an online application or a notary. It is also necessary that the company shall have a bank account (IBAN) for the purpose of depositing the capital and conducting business activities.
The company shall have to open a branch at the registered office. It shall appoint a local director who will be responsible for the management of the conduct of business in Estonia.
The company shall appoint an Anti-Money Laundering officer who shall be responsible for all the company’s compliance processes with authority. It is required that the AMLL officer appointed shall possess the requisite knowledge and is a permanent resident of Estonia.
After preparing all the documents and appointing all the requisite managerial personnel (AML officer, Board of members and Local Directors), the company shall apply to the Financial Intelligence Unit (FIU). The FIU will receive the application and call the AML officer for the interview.
The FIU will review the application within 60 days of receiving the application, and if the authority is satisfied, they will grant the license. If there is any discrepancy in the application, the same will be returned, and an extended time period of 60 days will be provided. After the provision of extended time, if the company cannot meet its obligation, the FIU will reject the application for a license of Cryptocurrency in Estonia.
Estonia is a country of digital technology; it is one of the few countries that has offered more than 1000 licenses to companies operating in the services of Cryptocurrency in Estonia. The laws of Estonia are framed to provide a smooth application process for obtaining a license for Cryptocurrency in Estonia. The country is a hub of various Cryptocurrency entrepreneurs who are operating their business either remotely or through in person. The laws are famed for easing the process of application filing. Estonia is quick in providing the license for cryptocurrency in less than 60 days. Moreover, to protect the interest of the customers and investors, the companies offering the service of cryptocurrency in Estonia are under the scrutiny of the FIU.
Read our Article:Starting a Business of Cryptocurrency in Malta: An Overview
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