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Gibraltar Crypto License: A Comprehensive Guide

Inteliumlaw » Crypto licenses » Gibraltar Crypto License: A Comprehensive Guide

In this fast-paced world of cryptocurrency, regulatory clarity ensures businesses thrive and provides a secure and confident environment for maintaining compliance. A Gibraltar crypto license or DLT (Distributed Ledger Technology) license, issued by GFSC (Gibraltar Financial Services Commission), is a key to security for crypto market participants. It helps businesses thrive without any legal complications, providing a solid foundation for cryptocurrency ventures.

One of the distinctive features of setting up a company with cryptographic operationsGibraltar is one of the most suitable business hubs that’s attracting crypto firms worldwide. With its well-organized business infrastructure, flexible, beneficial taxation systems, and smooth Gibraltar crypto license processes, this place is heaven for crypto businesses. in the Czech Republic is the absence of specific incorporation requirements outlined in the legal framework. Unlike traditional financial institutions supervised by the Czech National Bank (CNB) authority, crypto companies don't adhere to a standardized licensing process for crypto license in Czech. Instead, they fall under the purview of the Financial Analytical Office (FAÚ), serving as obliged entities responsible for compliance with Czech anti-money laundering (AML) regulations.

Gibraltar Crypto License Regulation

One of the key pieces of legislation regulating DLT activities in Gibraltar is the Financial Services Act. Up until recently, it consisted of nine regulatory principles, but recently, the 10th principle has been added to it. The purpose of this regulatory principle is to prevent any form of insider trading along with price and information manipulation. This newly introduced principle also obligates DLT providers to continue their economic activities with integrity in the market to maintain its reputation.

As per the Financial Services Act, a DLT provider license is granted under Section 8 of the 10th regulatory principle. It states providers to carry out their economic activities in a controlled manner.

According to the GFSC, every licensed crypto business must adhere to the following regulatory principles:

Although Gibraltar is no longer part of Europe, as it left the EU along with the UK, its AML regulations remain intact. The AML regulation is still effective along with the EU’s Fifth Anti-Money Laundering Directive (AMLD5) and Sixth Anti-Money Laundering Directive (AMLD6).

On a national level, AML/CFT obligations are stated in the POCA (Proceeds Of Crime Act) and guidance notes issued under the POCA on control systems.

Benefits of Obtaining a License in Gibraltar

Gibraltar has developed an effective regulatory structure. It provides multiple advantages to crypto business owners looking to establish in the region.

Flexible And Balanced Taxation

Gibraltar provides a favourable taxation regime to crypto-related businesses. Only 12.5% of the corporate tax is incurred on your business. If the profit is not derived from Gibraltar it should not be taxed in Gibraltar. It creates a favourable environment for your business’s profitability and growth. Additionally, no taxation is incurred on your capital gains and dividends.

Opportunities Of Getting Credits For Crypto Startups

If you are a start-up with up to 20 employees, you are eligible to receive a credit of 100 GBP (116 EUR approx.) per employee in the first year in relation to social insurance. Additionally, if you are starting a small business with up to 10 employees, you can claim this credit.

Access To European Markets

If you become a crypto license holder, Gibraltar’s status as a British Overseas Territory grants you access to EU markets. This helps you facilitate cross-border business operations. Additionally, it helps you foster market integrations and enhances Gibraltar’s attractiveness as a jurisdiction for all the businesses seeking to expand.

Strong Investor Protection

The regulatory structure of Gibraltar provides a strong investor protection protocol. It includes strict capital requirements and proper governance systems. This infuses confidence in potential investors, attracts more capital, and promotes overall growth in the cryptocurrency sector.

Multiple Types of Crypto Licenses in Gibraltar

Gibraltar offers you a series of tailored licensing options to help meet the diverse needs of the crypto industry.

Crypto Exchange License In Gibraltar

If you acquire a crypto exchange license in Gibraltar, you become eligible to operate a platform for trading cryptocurrencies and fiat currencies. This license is regulated by the GFSC, and to get it, you must comply with strict regulatory requirements, including cybersecurity measures and customer protection safeguards.

Crypto Broker License

Crypto Broker license allows your company to act as an intermediary in crypto transactions. It also allows you to operate legally within Gibraltar’s legal jurisdictions and provides assurance to your clients related to the reliability and integrity of your services.

Crypto Trading License

The crypto trading license in Gibraltar allows your firm to buy and sell cryptocurrencies as a part of trading activity. This license is specifically for entities that are directly engaging in the trading of digital assets. If you apply for this license, you are required to comply with strict regulatory measures, including AML/CFT measures and transparency.

VASP Crypto License

If you are a virtual asset service provider, a VASP Gibraltar crypto license allows you to offer a wide spectrum of services to your clients. The VASP is also regulated by the GFSC, and obtaining it requires you to comply with strict cybersecurity measures and have financial stability.

The procedure for obtaining a cryptocurrency license in Gibraltar

Each and every Gibraltar crypto license holder is strictly regulated by the GFSC. If you want to obtain this DLT (Distributed Ledger Technology) license, you must comply with the following processes:

Gibraltar is a leading cryptocurrency jurisdiction that offers a structured framework promoting innovation with market integrity and investor protection. Have a look at these key requirements for obtaining a Gibraltar crypto license in the region:

Crypto TAX in Gibraltar

When it comes to crypto taxes in Gibraltar, they don’t levy any specific taxes on cryptocurrencies. However, you, as a crypto business, still have to adhere to general taxation principles. You have to pay the general taxes incurred by the Internal Revenue Services of Gibraltar.

Gibraltar is renowned for its low taxation policies and provides advantageous taxing approaches to business owners. The tax year in the region starts from 1st July to June 30. you don’t have to pay taxes on your dividends, capital gains, and interests.

The Corporate tax is governed by the Income Tax Act 2010. The rate of 12,5% applies to income earned, sourced and derived from Gibraltar.

In addition to that, Gibratal companies shall pay social security contributions for its employees in Gibraltar that weekly ranges from 28 EUR to 50 EUR.

Why InteliumLaw?

InteliumLaw is a leading firm that specialises in blockchain and cryptocurrency regulation. We offer unparalleled expertise and experience in helping you navigate Gibraltar's complex regulatory measures.

InteliumLaw offers a dedicated team of professionals to provide you with comprehensive support. From initial consultation to license acquisition and ongoing compliances, we help you throughout your crypto business journey in Gibraltar.

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FAQs

What functions does the crypto license in Gibraltar cover?

The Gibraltar crypto license allows a crypto business to conduct activities in the fields of providing virtual assets services, crypto advices, managing cryptocurrency wallets, and doing cryptocurrency exchange and trading.

What is the timeline for obtaining the license?

Most often, business owners acquire their DLT licenses within 6 to 12 months if they are complying with all the regulatory measures imposed by the GFSC (Gibraltar Financial Services Commission).

Can individuals outside of Gibraltar own a crypto business?

Yes, non-residents can own a crypto company in Gibraltar, as there are no residency or nationality requirements associated with the ownership.

Is a bank account a prerequisite for acquiring a license?

Yes, you must have a bank account to open a company in Gibraltar. Additionally, you should have at least one director with an impeccable reputation and transaction experience in your company. You should also retain one local key staff member other than the director.

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Legal Audit

Tax and legal audit of the project / organization

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Legal Due Diligence

Due Diligence and Transaction Structuring

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