Crypto Exchange License in UK Process and Regulation

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To get a crypto exchange license in the UK, you'll need to meet the Financial Conduct Authority's (FCA) requirements.

The FCA is the UK's financial regulator, and it's responsible for overseeing the crypto market. The FCA requires crypto exchanges to be registered with them before offering services to UK customers.

The first step is to submit an application to the FCA, which will involve providing detailed information about your exchange, including its business plan, risk management procedures, and anti-money laundering policies.

UK Crypto Exchange License Requirements

In the UK, cryptocurrency exchanges are required to register with the Financial Conduct Authority (FCA) before starting operations. This registration process involves a thorough assessment of the application.

To obtain a crypto license in the UK, you'll need to register as a Crypto-Asset Firm with the FCA, which requires demonstrating that your business meets the FCA's stringent AML/CTF requirements. You'll also need to prepare detailed documentation, including a comprehensive business plan, internal controls, and risk management frameworks.

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The FCA regulates firms involved in crypto-asset activities to ensure compliance with anti-money laundering (AML) and counter-terrorist financing (CTF) measures. You can obtain the necessary license from the FCA.

To register with the FCA, you'll need to submit an application, providing all necessary documentation and paying the applicable fees, which range from £2,000 to £10,000, depending on the scale of your crypto-asset activities.

The application process typically takes between 3 to 6 months, depending on the completeness of the application and the FCA's requests for additional information. To ensure a smooth process, it's essential to gather all necessary documentation, including a business plan, AML/CTF policies, and details of key personnel.

Here are the key requirements for obtaining a crypto license in the UK:

  • Registration with the FCA
  • Compliance with AML/CTF measures
  • Authorization from the FCA
  • Implementation of robust AML/CTF measures
  • Submission of a comprehensive business plan
  • Documentation of internal controls and risk management frameworks

Benefits and Process of Obtaining a License

Obtaining a crypto exchange license in the UK can provide numerous benefits for businesses. It increases credibility and reliability in the eyes of customers and investors, allowing you to enter new markets and expand your regional coverage. Having a UK crypto license also ensures compliance with rules and regulatory requirements, reducing the risk of legal problems and fines.

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The registration process itself is clear and straightforward, with the Financial Conduct Authority (FCA) regulating firms involved in crypto-asset activities. You can obtain the necessary licence from the FCA, which involves reading the rules and guidelines, gathering necessary documents and information, and filling in a detailed application form.

To obtain a UK crypto license, you'll need to register as a Crypto-Asset Firm with the FCA, prepare detailed documentation, and implement robust AML/CTF measures. This includes submitting an application with the required information and documents, and paying the applicable fees, which range from £2,000 to £10,000.

Here's a summary of the benefits and process of obtaining a license:

  • Increased credibility and reliability
  • Entry into new markets and expansion of regional coverage
  • Compliance with rules and regulatory requirements
  • Reduced risk of legal problems and fines
  • Clear and straightforward registration process
  • Registration as a Crypto-Asset Firm with the FCA
  • Preparation of detailed documentation
  • Implementation of robust AML/CTF measures

How Sterling Law Can Help

Sterling Law specializes in helping payment institutions obtain the necessary licenses to process cryptocurrency transactions. Their services include assisting with the application process to meet all FCA requirements.

You can rely on Sterling Law to help you compile and submit comprehensive applications that meet all FCA requirements. They'll guide you through the application preparation and submission process.

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Sterling Law offers ongoing support to ensure your business stays compliant with all AML/CTF regulations. This includes regular checks to ensure you're meeting the necessary standards.

Their team can help you develop a detailed business plan and internal control framework. This will give you a clear roadmap for your business and help you stay on track.

Sterling Law can act as your representative in communications with regulatory bodies like the FCA and CBI. This can be a huge relief, especially if you're not familiar with the regulatory process.

Here are the specific services Sterling Law offers:

  • Application Preparation and Submission
  • Compliance Support
  • Business Planning
  • Regulatory Liaison
  • Crypto-Asset Firm/VASP Registration

Transparent Process

The registration process for obtaining a crypto license in the UK is surprisingly straightforward. It's carried out in several stages, starting with registering your business with the Financial Conduct Authority (FCA).

To register, you'll need to submit an application via the FCA's online portal, Connect. You'll be asked to provide up-to-date information about your business, managers, and shareholders, and pay a registration fee. The fee ranges from £2,000 to £10,000, depending on the scale of your crypto-asset activities.

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The FCA requires you to indicate which crypto activities you carry out or plan to carry out, such as fiat-to-crypto exchange, crypto-to-fiat exchange, or operation of a crypto ATM. This will help the FCA assess your application and ensure you meet the necessary requirements.

Here are the key steps to follow:

  1. Register as a Crypto-Asset Firm with the FCA.
  2. Prepare Detailed Documentation, including a business plan, AML/CTF policies, and internal controls.
  3. Implement Robust AML/CTF Measures to detect and prevent money laundering and terrorist financing.
  4. Submit an Application, providing all necessary documentation and paying the applicable fees.

The FCA will review your application and may request additional information. Once satisfied, they'll grant registration. The processing time typically takes between 3 to 6 months, depending on the completeness of the application and the FCA's requests for additional information.

It's worth noting that the FCA's registration process is designed to be transparent and straightforward, with clear guidelines and requirements. By following these steps and providing the necessary documentation, you can ensure a smooth and successful application process.

Regulation and Compliance

The UK's Financial Conduct Authority (FCA) is the primary regulator for cryptocurrency activities in the UK. The FCA has introduced strict regulations to combat money laundering and terrorist financing.

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To obtain a crypto license in the UK, you must register with the FCA and demonstrate that your business meets the FCA's stringent Anti-Money Laundering (AML) and Countering Financing of Terrorism (CTF) requirements. This involves preparing detailed documentation, including a comprehensive business plan, internal controls, and risk management frameworks.

The FCA requires cryptocurrency companies to implement robust AML/CTF measures, including customer due diligence procedures, transaction monitoring, and reporting requirements. You should also have a risk management policy in place, which should address risks such as IT risk, liquidity risk, and financial crime risk.

Here are some key requirements to consider:

  • Customer Identification (KYC)
  • Transaction Monitoring
  • Risk-based approach
  • Internal acts
  • Training and education
  • Record Retention
  • Reporting

Note that standard AML requirements for cryptocurrency companies may vary by jurisdiction, so it's essential to consider local legal requirements to avoid regulatory violations and sanctions.

What Is AML?

AML, or Anti-Money Laundering, is a set of regulations designed to prevent financial institutions from being used for illicit activities. It's a crucial aspect of financial regulation.

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The primary goal of AML is to detect and prevent money laundering, which involves disguising the source of illicit funds to make them appear legitimate. This can include activities such as terrorist financing and other financial crimes.

Financial institutions are required to implement AML policies and procedures to ensure compliance with these regulations. This includes conducting customer due diligence and monitoring transactions for suspicious activity.

AML regulations are enforced by government agencies, such as the Financial Crimes Enforcement Network (FinCEN) in the United States. These agencies require financial institutions to report suspicious activity and maintain records of customer transactions.

UK AML/CTF

In the UK, the Financial Conduct Authority (FCA) is the central supervisory body that ensures the interests of end-consumers of financial and credit services are respected.

The FCA's role in regulating cryptocurrency activities is crucial, and it's essential to comply with their rules to avoid regulatory violations and sanctions. This includes registering as a Crypto-Asset Firm with the FCA, demonstrating that your business meets their stringent AML/CTF requirements.

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To register with the FCA, you'll need to prepare detailed documentation, including a comprehensive business plan, details of internal controls, risk management frameworks, and customer due diligence procedures. You'll also need to implement robust AML/CTF measures to detect and prevent money laundering and terrorist financing.

The FCA's registration process can take between 3 to 6 months, depending on the completeness of the application and their requests for additional information. The application fee ranges from £2,000 to £10,000, depending on the scale of your crypto-asset activities.

The FCA's definition of a cryptoasset is broad, encompassing products such as product tokens, investment tokens, and payment tokens. This means that companies issuing in-game currencies or utility tokens must consider whether they can be used only within a specific environment or exchanged for a value accepted beyond the game environment.

Here are the key requirements for obtaining a crypto license in the UK:

  • Registration with the FCA
  • Regulatory compliance
  • Authorization from the FCA

Note that the UK's AML/CTF regime is stricter than required by the 5MLD and broader than the recommendations of the Financial Action Task Force on Money Laundering (FATF). This regime covers more cryptocurrency organizations than the directive requires, and it's essential to comply with these regulations to operate legally in the UK cryptocurrency market.

Types of Licenses and Providers

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If you're looking to obtain a crypto exchange license in the UK, you'll need to understand the different types of licenses and providers involved. There are two main categories of crypto activities subject to registration: cryptoasset exchange providers and custodian wallet providers.

Both types of providers require a single license, and if you're offering both services, you'll need to indicate this in your application to the FCA. This means you'll only need to obtain one license to cover both crypto exchange and custodian wallet activities.

Types of Licenses and Providers

There are two types of crypto licenses: Specialized and Traditional. The choice of the right license depends on the peculiarities of the cryptocurrency project and on the legal regulations in the country where the activity will take place.

A Specialized crypto license is issued by authorized bodies and allows the exchange of cryptocurrencies for fiat money. This type of license usually requires KYC/AML procedures and sufficient capitalization.

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Traditional crypto licenses are required for companies that provide ordinary financial services and additionally want to work with cryptocurrency. This type of license also requires KYC/AML procedures and sufficient capitalization.

Some examples of crypto trading licenses include:

  • Cryptocurrency exchange license: allows companies to exchange cryptocurrency for fiat money and vice versa.
  • Cryptocurrency storage license: allows companies to store cryptocurrency on behalf of customers.
  • ICO/STO license: allows companies to conduct initial coin or token offerings.
  • Cryptocurrency bank license: allows companies to provide banking services for cryptocurrency.
  • Cryptocurrency mining license: allows companies to mine cryptocurrency.

In the UK, a crypto exchange license is required for individuals and corporate entities who professionally exchange or arrange or make arrangements with the intention of crypto-to-fiat and fiat-to-crypto exchange.

Psp Lab Service

PSP Lab can help you with obtaining the FCA crypto license in the UK. They have the required expertise and practice, and as an APCC member, they have insider knowledge.

They can assist with all the documents, policies, and procedures needed to become registered, as well as the entire application process and communications with the regulator.

Unlike many other firms, PSP Lab does everything, including drafting all documents, helping with software, office, legal contracts, and human resources.

Your success is their success, and they're committed to helping you achieve it.

Ireland Comparison

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Firms must register as a Virtual Asset Service Provider (VASP) with the Central Bank of Ireland (CBI) in addition to holding an EMI licence.

The CBI provides a stable regulatory framework and strategic access to the EU market.

Application fees for registration range from €1,000 to €5,000.

Processing time for registration typically takes 4-6 months.

EU-wide market access is available through passporting rights.

Here's a breakdown of the registration process in Ireland:

Business and Financial Aspects

To obtain a crypto exchange license in the UK, you'll need to submit a business plan that meets the FCA's requirements. The plan must incorporate all activities covered by the MLRs regime.

The business plan must include a detailed budget forecast, which is crucial because the FCA's periodic fees are based on your predicted income from cryptoasset activities. This means you need to be accurate in your predictions to avoid any issues.

The FCA doesn't care about your company's future valuation or successful exit, unlike Venture Capital firms. Instead, it's focused on protecting consumers and preventing money-laundering and terrorist financing.

What Is an Asset?

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An asset is a valuable resource that can be owned or controlled by an individual or organization. According to the FCA's cryptoasset registration regime, a cryptoasset is a specific type of asset that uses distributed ledger technology.

A cryptoasset is a digital representation of value or contractual rights, which can be transferred, stored, or traded electronically. This includes a right to, or interest in, the cryptoasset itself.

In the context of business and finance, assets are often used as a means of exchange or as a store of value. The FCA's definition of a cryptoasset highlights its unique characteristics, which set it apart from traditional assets.

Risk Management Policies

Risk Management Policies are a crucial aspect of your business plan, and the FCA wants to see that you have a solid plan in place to mitigate risks. The risk table in FCA Connect only allows for a few paragraphs of explanation, so be sure to submit copies of your risk management policies and procedures as separate documents.

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You'll need to identify risk using a risk matrix and draft policies and procedures to mitigate those risks. This includes IT Risk, Liquidity, Crypto-asset and Currency Fluctuation Risk, Financial Crime Risk, and Market Risk Policies and Procedures. Don't forget to include Data Protection Policy and Listing Policy to ensure you're complying with regulations.

The FCA encourages you to put extra effort into drafting an IT risk management policy, especially if you're using DLT solutions. This policy should address risks related to DLT and explain how you'll prevent issues like a loss of critical partners or personnel, or a new global pandemic.

A comprehensive IT risk management policy is especially important if you're listing multiple cryptocurrencies. For example, if you're listing BTC, EOS, and ETH, your policy should explain how you'll ensure the safety of customer funds across all three blockchains. This includes explaining cold, hot wallets, and multi-signature solutions, as well as who has access to these wallets and how they're protected from IT attacks.

Cost

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The cost of getting your crypto license in the UK is a significant consideration.

The FCA charges a registration fee, which varies depending on your business's income.

For businesses with UK cryptoasset income up to £250,000, the fee is £2,000.

If your business has income greater than £250,000, the fee jumps to £10,000.

You'll also need to pay an annual periodic fee based on your income to remain registered.

Here's a breakdown of the FCA's fees:

Corporate Tax Rates

The corporate tax rate in the UK is relatively low, set at 19% for crypto businesses. This rate can be reduced under certain conditions.

Having a lower tax rate can be a significant advantage for businesses, allowing them to retain more profits and invest in growth.

In the UK, crypto businesses can take advantage of preferential taxation, which can lead to even lower tax rates. The specific conditions for reduced taxation are not specified in the provided information.

A lower corporate tax rate can make the UK a more attractive location for businesses, especially those in the crypto industry.

European Market Access

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Access to the European Market is a significant advantage of the UK cryptocurrency license. This license opens the door to all key and secondary markets in Europe, allowing your business to scale freely to other regions.

A permit issued in the UK is a strong argument for your business, making it easier to expand into new markets. The country's treaties to prevent double taxation of profits further improve your business's scaling potential.

Entering remote markets is also possible with this license, enabling you to set up representative offices in other regions. This opens up new opportunities for your business to reach customers from all over the world.

AML/CTF Exclusions

Some business models are exempt from FCA registration. For example, developing software for conducting cryptocurrency activities is excluded.

You can also supply ancillary products or services to support the crypto business without registering. This means you can provide services that complement the crypto business, but aren't the main activity.

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Carrying out cryptocurrency activities on a very limited scale or sporadically is also exempt. However, be aware that frequent or significant activities may still be subject to FCA regulations.

Here are some specific exclusions:

  • Development of software for conducting cryptocurrency activities
  • Supply of ancillary products or services to support the crypto business
  • Carrying out cryptocurrency activities sporadically, on a very limited scale

Procedure and Timeline

To obtain a crypto license in the UK, you'll need to go through several stages, which can be a bit complex, but don't worry, I'm here to break it down for you.

The first step is to register a legal entity in the UK, which can be done on your own, but it's recommended to seek professional help to ensure everything is done correctly.

You'll also need to open a bank account in one of the UK banks, which is a crucial step in the process.

The Financial Conduct Authority (FCA) will review your application, and if everything is in order, it should take around 3 months to get a decision, but be prepared for the FCA to request additional information and explanations, which can delay the process.

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To obtain the necessary license, you'll need to submit an application to the FCA, which will involve collecting and providing various documents.

Here are the key steps to obtain a crypto license in the UK:

  • Registration of a legal entity in the UK
  • Opening a bank account in one of the UK banks
  • Collecting and filing an application with the FCA for registering cryptocurrency activities

The FCA will review your application on a case-by-case basis, taking into account the AML/CTF rules, which apply if you have a physical presence in the UK, regardless of your business model or jurisdiction.

As a regulated entity, you'll need to conduct a money laundering risk assessment, analyze AML/CTF risks associated with new technologies, and develop appropriate policies, systems, and controls to mitigate risks.

Here are the key requirements for AML/CTF compliance:

  1. Conduct a money laundering risk assessment based on the services provided, products, and customer base
  2. Analyze AML/CTF risks associated with new technologies
  3. Develop appropriate policies, systems, and controls to mitigate risks
  4. Document internal anti-money laundering procedures
  5. Select staff appropriately and ensure that all staff have received AML training
  6. Save annual report for audit purposes
  7. Conduct due diligence on customers when entering into business relationships or transactions
  8. Adopt a KYC procedure based on customer and transaction risk levels, and apply an appropriate level of customer due diligence
  9. Apply enhanced due diligence when a client presents a high risk as per the established AML/CTF criteria
  10. Designate a member of the board of directors or senior management to be responsible for AML/CTF compliance
  11. Create an independent internal audit function
  12. Constantly monitor all clients

Market and Industry Insights

The UK's crypto market is expected to grow significantly, with a predicted value of £1.7 trillion by 2025. This growth will undoubtedly drive demand for crypto exchange licenses.

The Financial Conduct Authority (FCA) is responsible for regulating the UK's crypto market. They have introduced strict guidelines to ensure consumer protection and market integrity.

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Obtaining a crypto exchange license in the UK requires a significant upfront investment, with costs ranging from £50,000 to £100,000. This investment is a one-time payment, not an ongoing fee.

The FCA has set a high bar for crypto exchanges to meet, with requirements including robust anti-money laundering (AML) and know-your-customer (KYC) processes.

Frequently Asked Questions

How much does it cost to get a crypto license in the UK?

The cost of a crypto license in the UK is £2,000 for businesses with UK cryptoasset income up to £250,000. This fee is set by the FCA and applies to crypto license applications.

Which crypto exchange is Authorised in the UK?

Revolut is a UK-authorised crypto exchange, registered with the Financial Conduct Authority (FRN: 900562) to offer cryptocurrency services. This authorisation ensures a secure and compliant crypto trading experience for UK customers.

Kristen Bruen

Senior Assigning Editor

Kristen Bruen is a seasoned Assigning Editor with a keen eye for compelling stories. With a background in journalism, she has honed her skills in assigning and editing articles that captivate and inform readers. Her areas of expertise include cryptocurrency exchanges, where she has a deep understanding of the rapidly evolving market and its complex nuances.

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