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Crypto License in Bulgaria

Crypto license in Bulgaria - General information

Bulgaria currently doesn`t have any specific crypto or fintech legislation but is expected to provide it with growing pressure to implement the MiCA regulation. With MiCA implementation into Bulgarian law, the regulatory framework is going to develop ground on investor protection and market integrity. Bulgaria didn`t regulate cryptocurrency, so is not considered as financial instruments or electronic money, though not illegal. Thus, there is not a formal licensing regime for crypto entities in Bulgaria. 5AMLD defines cryptocurrencies as digital understanding of value not issued or guaranteed by any Central Bank or public authority.

The term “crypto license in Bulgaria” means the additional registration requirement with the National Revenue Agency (NRA) rather than a formal licensing process. This registration allows to provide crypto-related activities, including cryptocurrency exchanges, custodial services, wallet provision, crypto payment solutions and advisory services.

The country determines cryptocurrencies with the European Central Bank’s guidance focusing on the risks and volatility of virtual currencies. In 2018, the Bulgarian national Bank warned of potential price bubbles and extreme volatility. In 2022, the FSC was worried about with unregulated crypto investment funds.

Key benefits of Bulgaria crypto license

Bulgaria crypto license have number of benefits for businesses in the cryptocurrency sector. Below are key benefits of a crypto license in Bulgaria:

Types of crypto license Bulgaria

Although cryptocurrency activities in Bulgaria are not explicitly regulated, but certain aspects still fall under existing licensing frameworks and distinguish the following types of crypto license Bulgaria offers:

I. Registration in the National Revenue Agency (NRA):

accepts entities to conduct various crypto-related operations:

II. Financial Services Commission (FSC) License:

crypto-related operations as financial services or related to financial instruments. This license will be useful for:

Requirements for cryptocurrency license in Bulgaria

To provide cryptocurrency services in Bulgaria companies must comply with a set of specific requirements. The key requirements for entities seeking for cryptocurrency license in Bulgaria must fulfill:

  1. Requirements for Corporate Structure:
  • Preferred Corporate Forms: Limited Liability Companies (LLCs) or Joint-Stock Companies (JSCs).
  • Shareholders: Minimum one shareholder with a solid reputation. Providing proof of the source of funds can strengthen the application.
  • Directors: A local director is not obligatory but is highly recommended for smoother business operations.
  • Minimum Share Capital: minimum share capital of BGN 2 (€1).
  • Registered Office: The company must have a registered office address in Bulgaria.
  1. An authorization process:
  • Public Register: Companies must apply for taking in the public register of the National Revenue Agency. This step ensures regulatory clearance and adherence with Bulgarian laws.
  • Ensure compliance with KYC and AML to achieve this follow next:
    • comply with KYC verification of clients,
    • carry out rigorous customer identification, especially for transactions exceeding 30,000 BGN,
    • collect and maintain key documents with risk assessment to money laundering and reporting for suspicious transactions,
    • conduct with documentation management and records of clients, ongoing assessments of money laundering and terrorist financing risks,
    • provide information about any suspicious activities, transactions or high-risk profiles to the relevant authorities.

Bulgaria cryptocurrency license application documents

To complete application process be ready to prepare a comprehensive set of documents to show compliance with all requirements for a Bulgaria cryptocurrency license.

Below you can familiarize with key application documents and details for obtaining a crypto license Bulgaria:

  1. Apply with required identification documents such as:
  • Ultimate Beneficial Owner is a copy of the passport and utility bill as proof of address.
  • Director`s dentification documents as the passport and utility bill of the company director if different from the UBO.
  1. Be careful with indicated company information:
  • Company Name is an official name of the legal entity.
  • Office Address is an address of the registered office of the company in Bulgaria.
  • Correspondence address is an additional correspondence address if different from the office address.
  • Contact Information is a special email address for all official communication.
  1. Provide key personnel details:
  • UBO`s detailed information and any other individuals representing the company’s interests if different from the UBO.
  • Information about contact person such as names, titles, phone numbers and emails of the contact persons within the company, especially if these details differ from the UBO.
  1. Corporate Information is a unique company identifier registered in the commercial register of Bulgaria.
  2. Financial Details are details of the company’s payment accounts such as an account number and the name of the payment service provider.
  3. Confirm the online Presence with the web address or mobile app through which virtual currency exchanges or digital services will be provided.
  4. Business Description is a detailed description of the services and activities the company plans to offer in the virtual currency space.
  5. Indicate countries where the applicant intends to offer its services.
  6. Ensure with cross-border information. It can be a cross-border entity or part of a cross-border group.

Timeline and process of obtaining Bulgaria crypto exchange license

The process and timeline for obtaining a crypto license in Bulgaria consists of a structured steps . To acquire a Bulgaria crypto exchange license for applicants. Below is a shortlist of the key stages of the process of acquiring Bulgaria crypto exchange license:

1st step is a formation of a Crypto Company in Bulgaria which consists of several procedural stages:

  • An incorporation of the company:
    • submit incorporation documents to the relevant authorities.
    • make a deposit of the initial capital is a minimum  2 BGN into a bank account.
    • get a confirmation from the bank proving the deposit of the initial capital.

2d step registration of the Company which is consists of:

    • submit incorporation documents to the Bulgarian Commercial Register to incorporate a new company officially.
    • After registration of the company close the temporary capital account.

All steps may take 1–2 weeks for company incorporation and its registration.

3 d step – Notification and Authorization with the National Revenue Agency (NRA)

To perform this step you should comply with next procedures:

    • register a company with the NRA to obtain a crypto exchange license with registration certificate for providing cryptocurrency-related services.
    • Get form NRA the certificate is an electronic document which is sent via email with a qualified electronic signature. This is an authorization to operate as a crypto exchange.

All period takes from 2–4 weeks depending on processing times at the NRA.

4th step is opening a Bank account. While it`s not a mandatory step for obtaining the crypto license, but opening a bank account is highly recommended for efficient operational management. It takes approximately 1–2 weeks depending on the bank’s requirements.

5th step is an ongoing compliance consists of:

  • Companies must adhere to KYC/AML provisions and implement KYC and Anti-Money Laundering procedures in accordance with Bulgarian and EU regulations.
  • maintenance of corporate and financial Records. It is necessary to keep accurate records, ensure transparency and fulfill its reporting obligations to regulatory authorities.

The total timeline for acquiring a crypto exchange license in Bulgaria usually takes from 4 to 6 weeks. It depends on the efficiency of document submission, regulatory processing times and any optional banking procedures.

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Regulation of cryptocurrency license in Bulgaria

The regulatory framework of cryptocurrency licenses in Bulgaria is primarily governed by general financial compliance rules, anti-money laundering (AML) laws.

Crypto-related businesses subject to authorization with the National Revenue Agency (NRA). The European regulation MICA is the first framework with complex structure developed to regulate the crypto industry. MiCA will provide clarity on the legal status of various types of crypto assets, particularly stablecoins and integrate standardized rules for service providers.

MiCA covers the following aspects :

Speaking about impact of the MiCA the Bulgarian Ministry of Finance has proposed a new Law on Crypto-Asset Markets, which aims to regulate the trading of crypto-assets in line with the MiCA.

The bill assigns the Financial Supervision Commission (FSC) as the authority responsible for enforcing MiCA regulations, supervising market participants, issuing licenses and imposing sanctions for violations. Moreover, the European Central Bank (ECB) and the Bulgarian National Bank (BNB) will oversee banking supervision. Their responsibilities extending or withdrawing licenses for credit institutions involved in issuing asset-backed tokens or providing crypto-asset services and approving chief positions in these institutions.

The Bulgarian Ministry of Finance according to Decree № H-9 established the requirement for providers of currencies-cryptocurrency for digital and fiat exchanges and virtual wallet operators storing cryptocurrencies to register with the NRA. This Bulgaria crypto license register aims to reduce the risks and increase transparency of suspicious activities. While this process refers to the authorization of companies involved in cryptocurrency activities often perceive registration with the NRA as same as obtaining a crypto license in Bulgaria.

When the registration with the NRA completed companies receive a certificate often named as a crypto certificate or crypto license only one legal document issued by competent authority in Bulgaria that permits companies to offer crypto services.

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Registration with the NRA and compliance to AML regulations ensure for crypto-related operations transparency and the prevention of money laundering without incomprehensible strict financial regulations on crypto assets. The Financial Intelligence Directorate (FID) is a part of the State Agency for National Security (SANS) that is responsible for enforcing AML regulations with European standards.

The current registration process with the NRA acts as a real crypto license aimed to comply with AML/CTF regulations. Its low tax rates simple company formation process and coming adoption of the MiCA regulation ensure significant opportunities for crypto businesses in Bulgaria.

In Bulgaria data protection compliance is strictly regulated under the General Data Protection Regulation (GDPR) is mandatory for all EU countries, including Bulgaria. It sets high standards for the protection of personal data for organizations that process data of EU citizens. Cryptocurrency businesses that process the personal data of EU citizens must comply with legal provisions of data protection such as GDPR and local as Bulgaria's Personal Data Protection Act. Companies storing personal data in cloud systems outside the EU must implement adequate protections in line with GDPR standards and must integrate measures of data protection into their regulatory framework.

Main regulatory bodies in Bulgaria for crypto sector are:

  • National Revenue Agency (NRA) which manages the Bulgaria crypto license register – public register for cryptocurrency businesses and ensures AML compliance.
  • Financial Supervision Commission (FSC) supervises non-bank financial institutions but its limited in direct oversight over crypto companies. However, this role may expand with the implementation of MiCA.
  • Financial Intelligence Directorate (FID) is responsible for detecting and reporting suspicious transactions in crypto dealings.
  • Bulgarian National Bank (BNB) oversees the banking sector, crypto businesses that use payment service providers for their operations.
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Bulgarian crypto license- tax regime

Bulgaria offers a friendly environment for Bulgarian crypto license companies with relatively low tax rates, clear and evolving regulatory framework.

The regulation of cryptocurrency taxation in Bulgaria depends on how the government integrates crypto assets within its financial framework.

Considering taxation in Bulgaria the capital gain from selling cryptocurrencies is subject to personal income tax at a flat rate of 10% for Bulgarian individual residents. If the cryptocurrency trading activity is conducted systematically and serves as the main source of income for the individual investor the gains are taxed as business income at a flat rate of 15%.

As for Bulgarian resident companies (holders of crypto exchange license Bulgaria) any capital gains from the sale of financial assets or exchange of cryptocurrencies are levied at a rate of 10%. This makes Bulgaria an attractive jurisdiction for crypto businesses due to its low corporate tax rate.

A crypto exchange license in Bulgaria attracts with its favorable VAT treatment as the Bulgarian tax authorities consider the exchange of fiat currency for bitcoins and back are VAT-exempted. This VAT exemption contributes to the turnover calculation for VAT registration thresholds and applies specifically to crypto to fiat transactions similarly to foreign exchange transactions.

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FAQ

Is crypto regulated in Bulgaria?

Crypto sector in Bulgaria isn`t regulated by specific financial laws but may require oversight under other financial licenses governed by Bulgarian authorities and should comply with AML, KYC and consumer protection standards.

Do I need to be physically present to register a crypto business in Bulgaria?

No, all process of obtaining a crypto license in Bulgaria can be completed remotely.

What are the AML/KYC requirements for crypto businesses in Bulgaria?

Crypto businesses must comply with AML, KYC requirements, customer due diligence, document collection and custody, risk assessment, reporting of suspicious activities to authorities.

How does InteliumLaw ensure legal compliance during the licensing process?

InteliumLaw takes a complex approach to ensure legal compliance for crypto sector in Bulgaria. Our basic support includes:

  • Legal assessment: InteliumLaw team of specialists are highly knowledgeable in Bulgarian cryptocurrency regulations, financial law and licensing requirements, ensuring accurate interpretation and application for licensed crypto businesses.
  • Regulatory Tracking: We`re ongoing monitor regulatory updates, industry trends and emerging legal issues that allows to build for us strategies in line with evolving compliance standards.
  • Tailored Problem-Solving Approach: We take into account each client's unique needs and offer customized legal solutions to the specific targets of each crypto business.
  • Documentation Assistance: InteliumLaw provides support with preparation and submission on all application stages.
  • Engagement with Regulatory Bodies: We communicate with regulatory bodies on behalf of our clients, addressing any questions and providing necessary clarifications regarding the licensing process.
  • Ongoing Legal Support : InteliumLaw offers legal support after the licensing process with updating clients on regulatory developments and addressing emerging legal issues.

Can non-residents open a crypto company in Bulgaria?

Yes, foreign residents are allowed to incorporate a crypto company in Bulgaria.

Who can conduct crypto activities in Bulgaria?

A company which has acquired a cryptocurrency license in Bulgaria by the NRA can operate with crypto activities in Bulgaria.

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The accumulated experience and tracking of future changes in this area allow us to be proactive
for our clients and develop the most adapted business structures to modern conditions.

By submitting this form, you hereby authorize Inteliumlaw to process your information for the purpose of addressing your inquiry. You retain the right to revoke this consent at any point. For further details, please review our Privacy Policy.