Disclaimer: the term "cryptolicense" in this text refers to authorization to operate as a virtual asset service provider (VASP). The use of the term "cryptolicense" is intended solely to simplify the perception of the text by clients and website visitors.
Switzerland, renowned for its reliability and stability, has become an international center for the cryptocurrency industry, attracting both companies and investors. The Swiss Financial Market Supervisory Authority (FINMA), the Federal Tax Administration (FTA), and the Federal Council have jointly developed a clear and comprehensive regulatory framework for cryptocurrencies. This structure provides the stability and transparency necessary for business development in this dynamic field.
The process of obtaining a cryptolicense in Switzerland can be quite complex and lengthy, requiring careful adherence to strict requirements. However, the benefits associated with obtaining such a license are significant. Switzerland offers an increased level of security, reliability, and reputation, making it an attractive choice for many companies and investors.
For example, a cryptolicense in Switzerland allows companies to legally operate within a regulated environment, which increases the trust of customers and partners. In addition, having a license opens access to the Swiss banking system, known for its stability and reliability. This is especially important for cryptocurrency companies, which often face difficulties opening bank accounts in other jurisdictions.
Thus, despite the difficulties associated with getting a cryptolicense, Switzerland remains an attractive destination for those who seek to develop their business in the field of cryptocurrencies. A reliable regulatory framework, a high level of security, and Switzerland's reputation as a financial center make it an ideal place to obtain a cryptolicense and develop a cryptocurrency business.
Switzerland has achieved its stability and high reputation through the cooperation of FINMA, FTA, and the Federal Council
Key Numbers about Cryptolicense in Switzerland
2 monthaverage term of obtaining a cryptolicense |
up to 21%corporate income tax (CIT) rate |
€21,000minimal contribution for share capital |
up to 45%personal income tax (PIT) rate |
€16,000cost of cryptolicense under the minimum regulatory requirements |
no VATfor virtual currency exchange services |
Legal Opinion about Cryptolicense in Switzerland
Ganna Voievodina
Manimama, CEO
"A cryptolicense in Switzerland will provide stability and regulatory compliance for your business. You will gain access to the European market, optimize tax benefits, and be able to operate within a transparent legal system. Manimama's team will help you navigate the crypto licensing process and ensure a seamless entry into the Swiss crypto market. Contact us today to discuss your business goals”.
Types of Activities with a License in Switzerland
Credit operations: a self-regulatory organization (SRO) can provide loans, including consumer loans, mortgages, factoring, commercial financing, and financial leasing.
Cryptocurrency storage and staking: a SRO can provide services for the secure storage of cryptocurrency in separate segregated wallets, as well as staking to earn rewards.
ICO of a payment token: a SRO can act as an investment advisor in conducting an ICO of a payment token, providing expert advice and support.
Trading in currency, precious metals, commodities: a SRO can trade on its own account or on behalf of clients in various financial instruments, including currency, precious metals, commodities, and securities.
Payment services and cryptocurrency transfers: a SRO can provide payment intermediary services, make payments and transfers of cryptocurrencies to third parties.
Benefits of Obtaining a Cryptolicense in Switzerland
Choose the Package of Services
Popular package
Premium
Comprehensive solution for obtaining a cryptolicense: infrastructure, office, accounting
- Company formation in Switzerland
- Corporate documents package
- Individual AML/KYC policies
- Obtaining a cryptolicense
- Payment account for cryptocurrency operations
- Local AML officer and director
- Local office
- KYC/KYT provider services
Advanced
Company formation to start activities in the field of cryptocurrencies
- Company formation in Switzerland
- Corporate documents package
- Individual AML/KYC policies
- Obtaining a cryptolicense
- Payment account for cryptocurrency operations
- Local AML officer and director
- Local office
Basic
Obtaining a cryptolicense according to minimum regulatory requirements
- Company formation in Switzerland
- Corporate documents package
- Standard AML/KYC policies
- Obtaining a cryptolicense
Connect with our experts
By clicking the button, I confirm that I have read the privacy policy and consent to the collection and processing of my personal data in accordance with the GDPR rules.
Our Experts in this Area
Step by Step Description
Step 1. Company formation
-
Formation of the company with account opening and contribution to the share capital in the amount of 5,000 CHF (€5,250)
Step 2. Compliance with share capital requirements
-
Opening a second account and providing assistance in depositing the share capital, which depends on the type of legal entity: 20,000 CHF (€21,000) for GmbH, 100,000 CHF (€105,000) for AG
Step 3. Obtaining SRO membership for KYC/AML compliance
-
Selecting the most suitable Self-Regulatory Organization (SRO) for the client's business purposes and completing the SRO membership process
Step 4. Recruiting mandatory AML/KYC officers
-
Searching for qualified AML/KYC officers followed by their integration into the corporate structure; training; tax registration
Step 5. Obtaining a license
- Obtaining a cryptolicense from FINMA to operate in the financial market
Understanding Requirements in Switzerland
FINMA offers various cryptolicenses depending on your activity, such as a FinTech license for public deposits or a DLT Trading Facility license for trading platforms with securities/payment tokens
Switzerland, being a federal republic, consists of 26 cantons, each of which has its own legislative framework. This means that in addition to federal laws, there are also cantonal regulations that may vary depending on the specific canton.
When choosing a canton to open a cryptocurrency business, it is important to consider these differences, as they can significantly affect the operating conditions. Some cantons may offer more favorable tax regimes or more flexible regulatory requirements, making them more attractive for certain types of cryptocurrency businesses.
In Switzerland, cryptocurrencies are classified as assets, according to the Federal Council report on virtual currencies. This classification is due to the fact that cryptocurrencies are not recognized as legal tender and do not have a physical equivalent. This creates special conditions for the regulation of cryptocurrencies in Switzerland, requiring companies to comply with certain rules and obtain appropriate licenses to carry out activities related to cryptocurrencies.
Therefore, when choosing a canton to obtain a cryptolicense, it is important to consider both federal and cantonal laws to ensure compliance with all requirements and create optimal conditions for business development. Careful analysis and consultation with experts will help you choose the most suitable canton and successfully obtain a cryptolicense in Switzerland.
Requirements for Obtaining a Cryptolicense in Switzerland
Membership in an SRO is the path to conducting staking and lending operations
The requirements for obtaining a cryptolicense in Switzerland vary depending on the specifics of the cryptocurrency company's activities, the type of license, and the services provided. However, there are general criteria that must be met for successful licensing.
First and foremost, the company must be officially registered in Switzerland, for example, in the form of a joint-stock company or a limited liability company. It is also necessary to provide a detailed business plan, including information about the goals, objectives, target audience, products, services, risks, management, and compliance with regulatory requirements.
An important aspect is the availability of sufficient capital, at least CHF 20,000 (€21,000), to cover operational and financial risks associated with the company's activities. In addition, it is necessary to create a reliable organizational structure that ensures effective management, control, and reporting.
To obtain a cryptolicense, a registered office in Switzerland is required, as well as the presence of at least one manager who is a resident of the country. The officer responsible for anti-money laundering must also be a resident of Switzerland.
The company must develop and implement effective risk management procedures, as well as a system of internal control and audit. An important condition is compliance with all relevant laws and regulations governing the activities of cryptocurrency enterprises in Switzerland.
Fulfilling all these requirements demonstrates the seriousness of the company's intentions and its readiness to work in accordance with the high standards of the Swiss financial market. This helps to increase trust from customers and partners, as well as ensure the stability and sustainability of the business in the long term.
Taxes in Switzerland
Swiss taxes on cryptocurrency are progressive and varied. We know how to ensure the lowest applicable tax for the client's interests.
Taxation in Switzerland for cryptocurrency companies includes several aspects:
Corporate tax:
- Federal level:Switzerland applies a flat rate of 8.5% to profit after tax.
- Cantonal level: each canton sets its own surcharge, resulting in a total rate range of 11.9% to 21.0%.
- Payment deadlines:the deadlines for filing a declaration and paying tax vary depending on the canton, usually 6-9 months after the end of the year.
Withholding tax:
- Interest: the withholding tax rate is 35% on interest paid by Swiss banks to non-bank organizations and on bond-like loans.
- Dividends: dividend tax rates are determined by double taxation agreements (DTA) and are often lower than 35%.
- Royalties: royalty tax rates depend on DTAs or domestic law and typically range from 0% to 35%.
- Relief: in some cases, reduced or zero withholding tax rates may apply under DTAs or if certain conditions are met.
Capital gains tax:
- Corporate level: capital gains are taxed at the standard corporate tax rate (9%), but a benefit may be granted for qualified investments.
- Individual level: capital gains from movable property (shares, bonds) are exempt from taxes. Capital gains tax on real estate may be exempt depending on the circumstances.
Social tax:
- An additional social tax of 15.5% may be levied on capital gains of individuals if certain conditions are not met.
When planning the tax strategy of a cryptocurrency company in Switzerland, it is important to consider all these aspects and consult with tax specialists to optimize the tax burden and ensure compliance with legal requirements.
Frequently Asked Questions
-
What types of cryptolicenses are there in Switzerland, and how do they differ?
- Cryptocurrency trading license: Allows companies to buy and sell cryptocurrency on their own behalf or on behalf of clients.
- Cryptocurrency exchange license: Allows companies to exchange one cryptocurrency for another or for fiat currency.
- Cryptocurrency custody license: Allows companies to provide secure cryptocurrency storage services for clients.
- ICO license: Regulates initial coin offerings (ICOs) and the issuance of tokens.
- Asset management license: Allows companies to manage cryptocurrency assets on behalf of clients.
- Licenses for other activities: There are also licenses for other types of activities related to cryptocurrencies, such as providing payment services or issuing stablecoins.
Switzerland offers several types of cryptolicenses, each of which regulates a specific type of activity:
-
Who regulates the cryptocurrency market and issues cryptolicenses in Switzerland?The main regulator of the cryptocurrency market in Switzerland is the Swiss Financial Market Supervisory Authority (FINMA). It is responsible for issuing cryptolicenses, supervising the activities of licensed companies, and developing the regulatory framework for the cryptocurrency industry.
-
How long does the process of obtaining a cryptolicense take, and what is its cost?The process of obtaining a cryptolicense in Switzerland can take from several months to a year, depending on the complexity of the project, the company's readiness to meet the requirements, and the workload of FINMA. The cost of the process includes government fees, payment for the services of consultants, and other expenses related to the preparation of documents and the implementation of necessary procedures.
-
What are the benefits of a cryptolicense in Switzerland for businesses?
- Legal status: the company receives the right to legally operate in the Swiss cryptocurrency market, which increases its credibility with customers and partners.
- Access to banking services: licensed companies can open bank accounts in Swiss banks, which facilitates financial transactions and ensures business stability.
- Improved reputation: a cryptolicense indicates that the company meets the high standards of the Swiss financial market, which attracts investors and promotes business development.
- Access to international markets: Switzerland is a recognized financial center, allowing licensed companies to expand their activities internationally.
A cryptolicense in Switzerland provides several benefits for businesses:
-
What taxes do cryptocurrency companies pay in Switzerland?Cryptocurrency companies in Switzerland are subject to corporate tax, capital gains tax, withholding tax, and other taxes, depending on the specifics of their activities and the canton of registration. Tax rates may vary in different cantons, so it is important to consider this when choosing a place to register a company.
-
Is it possible to obtain a cryptolicense for conducting an ICO in Switzerland?Yes, it is possible to obtain a cryptolicense for conducting an ICO in Switzerland. FINMA has developed special requirements for ICOs, which include the mandatory publication of an issue prospectus, AML procedures, and other measures to protect investors.
-
What documents need to be submitted to apply for a cryptolicense?
- Company incorporation documents, including the memorandum of association and articles of association.
- Business plan describing the company's activities, target audience, products and services, development strategy, and financial forecasts.
- Information about the company's management and employees, including their resumes, copies of passports, and confirmation of qualifications.
- Description of AML/CFT procedures, including policy, procedures, and control measures.
- Other documents that may be required by FINMA depending on the specifics of the company's activities.
To apply for a cryptolicense at FINMA, you must provide the following documents:
-
What opportunities does obtaining a cryptolicense in Switzerland open up for foreign companies?Obtaining a cryptolicense in Switzerland opens up a wide range of opportunities for foreign companies. Firstly, it is the legalization of activities in one of the most stable and developed financial markets in the world. Secondly, it increases trust from customers and partners, as the Swiss cryptolicense is a sign of reliability and compliance with high standards. Thirdly, it provides access to the Swiss banking system, known for its stability and security. In addition, a cryptolicense in Switzerland allows attracting investments from Swiss and international investors, as well as expanding business to other countries of the European Union.
-
Which cantons in Switzerland are considered the most attractive for obtaining a cryptolicense and why?The most attractive cantons for obtaining a cryptolicense are Zug (known as "Crypto Valley") and Geneva. Zug is famous for its favorable regulation, low taxes, and active support of blockchain projects. Geneva, in turn, attracts companies with a developed financial infrastructure, the availability of qualified specialists, and proximity to other European financial centers.
-
What are the requirements for managers and employees of companies seeking to obtain a cryptolicense in Switzerland?Managers and employees of companies applying for a cryptolicense must have an impeccable reputation, proven experience in the financial or technological field, as well as the necessary knowledge in the field of cryptocurrencies and blockchain. FINMA also requires that at least one member of the board of directors and the anti-money laundering officer (MLRO) be residents of Switzerland.
-
What security measures are companies that have received a cryptolicense in Switzerland obliged to implement to ensure the safety of client assets?Companies that have received a cryptolicense are required to implement state-of-the-art security measures to protect client assets. This includes the use of hardware wallets for cold storage of cryptocurrency, multi-factor authentication, data encryption, regular security audits, and cyber risk insurance. Companies must also have clear procedures for responding to security incidents and informing customers about potential threats.
-
How should companies that have received a cryptolicense in Switzerland comply with the rules on combating money laundering (AML) and terrorist financing (CFT)?Compliance with AML/CFT rules is one of the key requirements for obtaining and maintaining a cryptolicense in Switzerland. Companies must conduct customer identification and verification (KYC), monitor transactions for suspicious activity, report suspicious transactions to MROS (the Money Laundering Reporting Office Switzerland), and conduct employee training on AML/CFT issues.
-
What types of activities with cryptocurrencies remain prohibited in Switzerland even with a cryptolicense?Despite having a cryptolicense, some types of activities with cryptocurrencies remain prohibited in Switzerland. These include anonymous transactions, operations using mixers (services for mixing cryptocurrencies), and other actions aimed at concealing the origin of funds or circumventing AML/CFT requirements.
-
How should companies that have received a cryptolicense in Switzerland interact with FINMA?Companies with a cryptolicense are required to maintain an ongoing dialogue with FINMA. This includes regular reporting on their activities, notification of any changes in the company structure or services provided, and prompt response to requests and recommendations from the regulator.
-
What changes in cryptocurrency regulation, including requirements for obtaining a cryptolicense, are expected in Switzerland in the near future?The Swiss government and FINMA are actively working on improving the regulatory framework for cryptocurrencies. It is expected that in the near future, new laws and regulations will be adopted that will clarify the requirements for obtaining a cryptolicense, strengthen measures to combat money laundering and terrorist financing, and create more favorable conditions for the development of innovative cryptocurrency projects.
-
What specific opportunities for business development does obtaining a cryptolicense in Switzerland open up?A cryptolicense in Switzerland opens up many opportunities for business development. Companies can attract investments from Swiss and international investors, expand their customer base, enter new markets, cooperate with traditional financial institutions, and participate in the development of new products and services based on blockchain.
Client Feedbacks
"I appreciate Manimama OU's personalized service and expertise in financial matters. They have provided clear guidance and contributed to my positive outcomes".
"Manimama OU has been a trusted resource for navigating complex financial concepts. Their insights have been beneficial to my decision-making".
"Manimama OU provided valuable guidance on cryptocurrency and financial solutions. Their knowledge and support were essential to my success in these areas".
Our Latest Legal Researches
MiCA implementation in Sweden
Current requirements (prior to MiCA implementation) Companies intending to operate in the provision of virtual asset trading services are required to register with FI as a legal person who intends to engage in currency exchange to a significant extent or other financial activities according to the Act (1996:1006) on currency exchange and other financial activities….
Company registration in Finland: Legal aspects and advice
If you plan to start a business in Europe, Finland is an excellent choice for registering your company. The Manimama team has conducted in-depth research, analyzed the main subtleties of incorporating in Finland, and is ready to share its results and help you choose the right jurisdiction. What are the main advantages of incorporating a…
MiCA implementation in Romania
Current requirements (prior to MiCA implementation) Article 30-1 of the Law no. 129/2019 “To prevent and combat money laundering and terrorism financing, as well as to amend and supplement some legislative act” describes a framework for authorization procedure of VASPs, however, the official register is not established yet. Also, Romanian government have not established complete…
Contact Us
If our proposal is intriguing, we kindly request to complete the form provided below to learn more. By doing so, we guarantee access to a comprehensive commercial personalized offer, featuring up-to-date prices and detailed information.
We look forward to the opportunity of collaborating and delivering exceptional solutions that meet and exceed expectations of any Client.
The content of this article is intended to provide a general guide to the subject matter, not to be considered as a legal consultation.