El Salvador Crypto License
- In a groundbreaking move, El Salvador has pioneered a new era in global finance with the introduction of the El Salvador Crypto License, marking the first instance of a country officially adopting bitcoin as legal tender. This historic decision, enshrined in the Bitcoin Law since June 9, 2021, has transformed the nation into a beacon of innovation in the cryptocurrency sphere.
- By recognizing bitcoin as an official currency alongside the US$, El Salvador has not only opened doors to digital financial transactions but also established itself as a favorable destination for blockchain ventures. The recent enactment of the Digital Asset Issuance Law further solidifies its commitment to fostering a conducive environment for cryptocurrency licenses and technological advancement.
Benefits of El Salvador Crypto License
Alignment with government initiatives:
- The Salvadoran government’s commitment to cryptocurrency and blockchain initiatives presents collaboration opportunities for licensed companies. By obtaining the crypto license, firms can align with governmental projects, paving the way for partnerships and ventures in digital finance and blockchain innovation.
Global market expansion:
- El Salvador’s crypto-friendly policies attract international companies seeking expansion opportunities. With the crypto license, firms can enter the Salvadoran market and explore regional prospects in Central and South America, expanding their reach and forging partnerships.
Tax benefits:
- The El Salvador Crypto License grants tax exemptions for digital asset activities, offering financial advantages to licensed entities. From exemption on digital asset transactions to tax relief for issuers and service providers, this initiative fosters a conducive environment for crypto-related businesses.
Access to a thriving crypto market:
- El Salvador’s adoption of Bitcoin as legal tender and the crypto license fosters a welcoming market for cryptocurrency ventures. With the license, companies specializing in exchanges, wallets, payments, and blockchain solutions can capitalize on this dynamic market and cater to local needs.
First-to-market advantage:
- El Salvador, as one of the pioneering countries in Latin America to establish a legal framework for cryptocurrencies, provides companies with the opportunity to lead in a potentially expanding market. By securing a crypto license in El Salvador, companies can position themselves at the forefront of the country’s developing crypto industry.
Ability to open a bank account:
- Opening bank accounts for cryptocurrency companies is notoriously difficult in most regions. However, El Salvador stands out with several crypto-friendly banks and financial institutions willing to offer banking services to cryptocurrency companies, provided that specific conditions and regulations are met. This level of support is exceptionally rare.
Types of El Salvador Crypto License
BSP License (Bitcoin Service Provider License):
- The BSP License (Bitcoin Service Provider License) is essential for companies offering a range of Bitcoin-related services. These services include exchanging Bitcoins for fiat currency, facilitating payments in Bitcoin, and securely storing Bitcoins on behalf of clients.
- This license is issued by the Banco Central de Reserva (BCR), ensuring that companies comply with regulatory standards and maintain the integrity of the financial system.
- Holding a BSP license signifies that a company is authorized and equipped to handle Bitcoin transactions safely and effectively, providing assurance to clients and fostering trust in the growing cryptocurrency market. This regulatory framework supports innovation while safeguarding user interests and financial stability.
DASP License (Digital Asset Service Provider License):
- The DASP License (Digital Asset Service Provider License) is mandatory for companies offering services related to cryptocurrencies other than Bitcoin. This license, issued by the National Commission for Digital Assets (Comisión Nacional De Activos Digitales; CNAD), authorizes companies to operate within the legal framework governing digital assets. Services covered under the DASP license include trading, managing, and storing various cryptocurrencies.
- Obtaining this license ensures that companies adhere to regulatory standards, promoting transparency, security, and trust in the digital asset market. The CNAD’s oversight helps protect consumers and maintain market stability, fostering innovation while ensuring that companies meet stringent compliance requirements.
License for Operations with Cryptocurrencies (Cryptocurrency Operator):
- The License for Operations with Cryptocurrencies (Cryptocurrency Operator License) is designed for organizations involved in the buying, selling, exchanging, and other transactions with cryptocurrencies. This license allows operators to provide services to both individuals and legal entities, functioning as intermediaries in the digital asset market.
- By obtaining this license, companies can legally facilitate various cryptocurrency transactions, ensuring compliance with regulatory standards. This licensing framework promotes a secure and transparent environment for digital asset operations, fostering trust and reliability in the market. Cryptocurrency operators play a crucial role in bridging the gap between traditional financial systems and the evolving world of digital currencies, supporting market growth and stability.
License for Custodial Services (Cryptocurrency Custodian):
- The License for Custodial Services (Cryptocurrency Custodian License) is essential for companies that store cryptocurrency assets on behalf of clients. To obtain this license, companies must demonstrate a high level of security for the stored assets and implement robust measures to prevent data theft and loss.
- This includes employing advanced cybersecurity protocols and ensuring the integrity and confidentiality of client assets. The custodial license underscores a company’s commitment to safeguarding digital assets, providing clients with peace of mind. By meeting stringent regulatory standards, licensed custodians play a vital role in the cryptocurrency ecosystem, enhancing trust and stability within the market.
License for Cryptocurrency Exchanges (Cryptocurrency Trading Platform):
- The License for Cryptocurrency Exchanges (Cryptocurrency Trading Platform License) is mandatory for organizations operating platforms that facilitate cryptocurrency trading. To secure this license, exchanges must demonstrate transparent operations, ensure fair trading processes, and protect traders’ interests.
- This involves maintaining rigorous compliance with regulatory standards, implementing robust security measures, and providing clear, honest communication about trading activities and fees.
- By obtaining this license, cryptocurrency exchanges affirm their commitment to integrity and user protection, fostering a trustworthy trading environment. Licensed exchanges play a crucial role in the digital asset market by enabling secure and reliable trading, thus contributing to the overall stability and growth of the cryptocurrency ecosystem.
License to conduct ICO (Initial Coin Offering Platform):
- The License to Conduct ICO (Initial Coin Offering Platform License) is crucial for platforms facilitating the launch and fundraising of new cryptocurrency projects through ICOs. This license is granted to platforms that provide essential fundraising tools to emerging projects. To obtain the license, platforms must ensure transparency in project operations, protect investors’ rights, and comply with all relevant legislation.
- This includes thorough vetting of projects, clear communication with investors, and adherence to financial regulations. By securing this license, ICO platforms demonstrate their commitment to fostering a trustworthy and compliant environment for fundraising, thereby supporting innovation while safeguarding investor interests and maintaining market integrity.
Blockchain-Based Financial Services License (Blockchain Financial Services Provider):
- The Blockchain Financial Services Provider license encompasses various financial services such as payment systems, fund transfers, and blockchain-based lending. Its issuance aims to foster innovation and promote the creation of new financial products within the nation. By authorizing these services, regulatory bodies seek to stimulate the growth of the blockchain sector while ensuring consumer protection and adherence to regulatory standards.
- This license not only facilitates the integration of blockchain technology into the financial sector but also encourages the development of novel solutions that cater to evolving consumer needs and market demands, thereby contributing to the overall advancement of the financial ecosystem.
Regulatory authorities and regulations for El Salvador Crypto License
- In El Salvador, oversight of crypto licenses falls under the jurisdiction of the National Commission for Digital Assets (CNAD). Established by law, the CNAD serves as the primary regulatory body responsible for overseeing and supervising the digital assets landscape within the country. Its mandate encompasses the regulation of crypto companies, ensuring compliance with legal frameworks, and safeguarding the integrity of the crypto sector. By assuming the role of the national authority for digital assets, the CNAD plays a pivotal role in promoting transparency, security, and responsible conduct within El Salvador’s burgeoning cryptocurrency market.
El Salvador’s regulatory framework for crypto licenses is underpinned by several key laws and regulations:
- Bitcoin Law (2021): This groundbreaking legislation establishes Bitcoin as legal tender in the country and forms the foundation for the regulation of cryptocurrencies within El Salvador.
- Digital Asset Issuance Law (DAI Law, 2023): Offering guidance on the issuance of cryptocurrencies within El Salvador, this law sets forth the necessary procedures and requirements for such activities.
- Regulation of Digital Assets Services Providers (2023): This regulatory framework delineates the obligations and prerequisites for licensed crypto entities operating in El Salvador. It encompasses crucial aspects like anti-money laundering (AML) measures and know-your-customer (KYC) protocols.
- Reglamento de Proveedores de Servicios de Activos Digitales (2023): Detailing the procedures for obtaining a Digital Asset Service Provider (DASP) license, this regulation ensures clarity and standardization within the licensing process.
- These legislative measures collectively ensure that crypto companies adhere to stringent criteria, including minimum capital thresholds and robust compliance measures, fostering a secure and transparent digital assets ecosystem in El Salvador.
Time required to obtain El Salvador Crypto License
- Securing a crypto license in El Salvador usually requires up to 12 weeks, assuming the application contains all necessary information. In the event of incomplete submissions, applicants are granted a 5-business-day window to rectify any missing details. This process underscores the importance of thoroughness and accuracy in the initial application phase. Compliance with requirements within this timeframe ensures a smoother and more expedited licensing procedure, minimizing delays and facilitating timely entry into the digital assets landscape of El Salvador.
Why to obtain El Salvador Crypto License?
- There are various reasons for why you should opt El Salvador Crypto License. The country’s clear legislative framework, anchored by the Bitcoin Law, provides legal certainty and minimizes risks. With access to a burgeoning Latin American crypto market, licensed companies can expand their customer base and engage in innovative projects. Favorable tax conditions, including VAT exemptions and potential corporate tax incentives, enhance financial efficiency.
- Moreover, acquiring a license demonstrates commitment to regulation, transparency, and security, bolstering the company’s reputation internationally and attracting investment. Collaboration opportunities with government initiatives further enrich the business landscape, while early adoption status positions companies strategically in a market with significant growth potential.
Activities allowed under El Salvador Crypto License
Bitcoin-related services:
- Companies can facilitate various Bitcoin-related transactions, including exchanging Bitcoins for fiat currency, conducting Bitcoin payments, and securely storing Bitcoins for clients, all regulated under the Bitcoin Service Provider (BSP) license. This license ensures compliance with legal requirements and provides a framework for businesses to operate securely within the Bitcoin ecosystem, bolstering consumer trust and confidence.
Digital asset services:
- Companies can offer an array of digital asset services, such as crypto exchange, sales of digital assets and derivatives, custody solutions, and operations on behalf of third parties, all falling under the Digital Asset Service Provider (DASP) license. This license ensures adherence to regulatory standards, fostering transparency and accountability in digital asset transactions and management.
Stablecoin issuance:
- Companies can create and issue stablecoins, cryptocurrency pegged to stable assets like the US$, regulated by the Regulation of Digital Assets Services Providers. This regulation ensures the stability and reliability of stablecoin issuance, promoting trust and confidence among users and investors in the stability of the cryptocurrency market.
Cryptocurrency trading:
- Companies can partake in cryptocurrency trading activities, including buying, selling, and exchanging cryptocurrencies, all governed by the DASP license. This license ensures fair and transparent trading practices, protecting investors and maintaining the integrity of the cryptocurrency trading ecosystem.
Cryptocurrency custody:
- Companies can offer cryptocurrency custody services, securely storing cryptocurrencies on behalf of clients, under the DASP license. This license ensures the implementation of robust security measures, protecting clients’ digital assets from unauthorized access or theft, and enhancing trust in cryptocurrency custody services.
Cryptocurrency payment systems:
- Companies can develop and operate cryptocurrency payment systems, enabling the use of cryptocurrencies for transactions, regulated by the DASP license. This license ensures compliance with anti-money laundering (AML) and know-your-customer (KYC) regulations, promoting the adoption of secure and efficient cryptocurrency payment solutions.
Cryptocurrency wallet services:
- Companies can provide cryptocurrency wallet services, allowing users to store, send, and receive cryptocurrencies securely, under the DASP license. This license ensures the implementation of strong encryption and authentication measures, safeguarding users’ digital assets from unauthorized access or cyber threats.
Cryptocurrency exchange services:
- Companies can operate cryptocurrency exchanges, facilitating the buying and selling of cryptocurrencies, under the DASP license. This license ensures transparency and fairness in exchange operations, fostering trust among users and maintaining the integrity of the cryptocurrency exchange market.
Cryptocurrency lending and borrowing:
- Companies can engage in cryptocurrency lending and borrowing activities, enabling users to lend or borrow cryptocurrencies, under the DASP license. This license ensures the implementation of risk management measures, protecting the interests of users and mitigating risks associated with cryptocurrency lending and borrowing.
Cryptocurrency investment products:
- Companies can develop and offer various cryptocurrency investment products, such as funds and ETFs, under the DASP license. This license ensures transparency, accountability, and investor protection in cryptocurrency investment offerings, fostering the growth and maturity of the cryptocurrency investment market.
Procedure to obtain El Salvador Crypto License
Step 1: Company registration
- Initially, to obtain an El Salvador crypto license, our experts will help to register company in El Salvador so that it can be presented as a legal entity in El Salvador and with the National Commission of Digital Assets (NCDA). We also provide offshore company incorporation services for a seamless setup process.
- To obtain a crypto license in El Salvador, a company must register as a legal entity, as individuals cannot obtain this license. The two main viable company structures are:
- Limited Liability Company (S.R.L.): Ideal for cryptocurrency exchanges and digital asset providers, offering liability protection for shareholders and ease of setup and management.
- Joint Stock Company (S.A.): Suitable for cryptocurrency businesses, providing flexibility in ownership and capital structure, though more complex and costly to establish and maintain.
- The process of incorporating a company for cryptocurrency license in El Salvador involves several crucial steps. Initially, preparation and filing of incorporation documents are necessary, including drafting the charter and other constituent documents detailing the company’s activities, legal address, and information on founders and directors.
- Subsequently, registration with the National Registry (Registro Nacional) of El Salvador is required, involving the submission of incorporation documents and payment of government fees. Following this, obtaining a Tax Identification Number (NIT) is mandatory for fulfilling tax obligations and maintaining financial records. Finally, registration with the Ministry of Finance of El Salvador is essential to legally operate and fulfill tax payment requirements
Step 2: Preliminary analysis and preparation
- To proceed with obtaining an El Salvador crypto license after company registration, our experts at Tetra Consultants will conduct a preliminary analysis and preparation. This includes performing a thorough legal and financial audit of your existing operations to ensure compliance with local requirements. We will also determine the type of license that best suits your business model. This comprehensive approach ensures that all necessary steps are taken to align your business with El Salvador’s regulatory standards, facilitating a smooth and efficient licensing process.
Step 3: Selecting the type of crypto license
- Further, we will help you decide which type of crypto license is required for your business. There are various licenses available, including the BTC Service Provider license for services exclusively related to Bitcoin and the Digital Asset Service Provider license for a wide range of crypto activities such as exchanges and custodial services. Our expertise ensures that you select the appropriate license that aligns with your business model and regulatory requirements.
Step 4: Preparing and submitting documents
- Moving further, we will proceed to prepare a comprehensive package of documents necessary for obtaining the crypto license. This includes the constituent documents of the company, a detailed description of the business model and operations, plans and procedures for compliance with AML/KYC policies, information on key employees and founders, and evidence of financial sustainability and reliability of the technologies used. This thorough documentation will ensure your application meets all regulatory requirements.
Step 5: Submission of application
- Further, we will proceed to submit the application to the relevant regulatory authority on your behalf. Our team will ensure all documentation is complete, accurate, and compliant with the regulatory requirements. Additionally, we will be prepared to address any requests from the regulator for additional information and to facilitate safety compliance checks. Our meticulous approach guarantees that your application is thorough and meets all necessary standards, increasing the likelihood of successful approval.
Step 6: License obtaining
- After submitting the application, you will be directed towards the final steps of obtaining your crypto license. Upon successful completion of the assessment by the regulatory authority, the company will need to pay the established license fees. Once these fees are paid, your company will be issued an official cryptocurrency license. This license authorizes your company to operate legally in El Salvador, ensuring full compliance with local regulations.
Step 7: Continuous compliance
- Once the license has been obtained, our experts at Tetra Consultants will ensure that your company maintains its compliance with all regulatory requirements. This includes regularly reporting to the relevant authorities, maintaining financial transparency, and adhering to stringent AML/KYC policies. We will assist you in implementing robust compliance procedures and provide ongoing support to navigate any regulatory changes.
Step 8: Open a bank account
- Following the successful acquisition of the El Salvador Crypto License, our meticulous guidance extends to facilitating corporate bank account opening services for our clients. Within 4 weeks of incorporating the company, our clients will have a fully operational bank account for their financial transactions. This service streamlines the process, ensuring seamless integration of the newly licensed business into the financial ecosystem. With our expertise and support, clients can confidently navigate the complexities of banking procedures, enabling them to focus on their core operations and business growth.
Requirements for El Salvador Crypto License
- Appointment of Certified Head of Compliance and a Deputy Head of Compliance who must be the residents of El Salvador.
- Registered legal entity in El Salvador and apply for a crypto license.
- Appointment of a Computer Security Officer for cybersecurity duties who must be the resident.
- Ensure the company has at least two shareholders. These shareholders can be individuals or legal entities that are not on the sanctions lists and do not have a criminal record.
- The company must have 2 local director or legal representative who is a resident of El Salvador.
- A minimum share capital of US$2,000, with 5% paid up in a bank account.
Statutory requirements:
- Implemented cybersecurity standards to securely store and process digital assets.
- Maintain financial records and ensure transparency in reporting the company’s operations, including ownership and shareholder information, as applicable.
- Comply with all regulations and requirements to protect user and investor interests, including risk disclosure and claw back policies.
- Cooperate with regulatory authorities and provide necessary reporting.
- Implemented systems to prevent, detect, and disclose risks related to financial crimes, such as money laundering and terrorist financing, in compliance with AML/KYC requirements.
Documents required for El Salvador Crypto License
Company registration documents
- Articles of Incorporation, Bylaws, and other founding documents.
- Certificate of Incorporation
Shareholders and director documents
- Identification documents such as notarized copies of passports.
- Proof of residency
- A detailed business plan
- Organizational chart including names, positions, and specific functions of employees.
- A detailed description of the company’s anti-money laundering policies and procedures.
- KYC procedure to verify customer identity
- A detailed description of the company’s cybersecurity measures and protocols.
- Detailed financial records, including financial statements and financial projections.
- Proof of good standing
Tax obligations on Crypto companies in El Salvador
Tax obligations for companies listed in the Registry of Digital Asset Service Providers (RPSAD) in El Salvador include:
- Companies enjoy exemptions from various fees, taxes, duties, and assessments on the nominal value and yield of digital assets. Additionally, they are exempt from taxes on capital gains and ordinary income derived from digital asset transactions. Goods and services transfer tax, income tax, and other tax liabilities for issuers, certifiers, and service providers of digital assets are also exempted.
- Despite tax exemptions, cryptocurrency companies are required to pay specific fees associated with their licenses. These include a one-time registration fee and an annual renewal fee for a Digital Asset Service Provider (DASP) license.
- Fees can be paid in US$ or its equivalent in bitcoins, based on the official exchange rate set by the Central Reserve Bank of El Salvador. The application fee must be settled within 30 days of application, while the annual fee must be paid within 30 days of the previous annual license’s expiration.
- Failure to pay fees promptly may result in fines or the revocation of the license, emphasizing the importance of adhering to payment deadlines to maintain compliance with regulatory requirements.
Cost to obtain El Salvador Crypto License
- The cost to obtain an El Salvador Crypto License is relatively low and varies based on several factors. Our experts at Tetra Consultants meticulously analyze all aspects to provide clients with a comprehensive breakdown of expenses. This includes compliance costs, government fees, and any other associated expenses.
- By offering transparent break-out charts, we ensure our clients have a clear understanding of the financial requirements involved in the licensing process. With our guidance, businesses can navigate the licensing procedure with confidence, knowing they are making informed decisions regarding their financial investments.
Looking to obtain El Salvador Crypto License
- Tetra Consultants facilitates the acquisition of El Salvador Crypto Licenses with expertise and transparency, offering detailed cost breakdowns and guidance throughout the process. Beyond crypto licenses, we provide a range of business services, including offshore financial licenses, legal document drafting, and international trademark registration, ensuring comprehensive support for your business needs.
- Contact us to know more about El Salvador Crypto License and our team will revert back in 24 hours.
FAQs
What are the two main company structures viable for obtaining a crypto license in El Salvador?
- Limited Liability Company (S.R.L.) and Joint Stock Company (S.A.).
What is the minimum share capital required for a company applying for an El Salvador Crypto License?
- The company must have a minimum share capital of $2,000 USD, with 5% paid up.
What is the purpose of the preliminary analysis and preparation conducted by Tetra Consultants?
- To ensure compliance with local requirements and determine the appropriate type of license for the business model.
What types of licenses are available for cryptocurrency businesses in El Salvador?
- Licenses include BSP License (Bitcoin Service Provider), DASP License (Digital Asset Service Provider), License for Operations with Cryptocurrencies, License for Custodial Services, License for Cryptocurrency Exchanges, License to Conduct ICO, and Blockchain-Based Financial Services License.
What are the tax obligations for companies obtaining a crypto license in El Salvador?
- Tax obligations include exemptions from various fees, taxes, and duties on digital assets. However, companies must pay specific fees associated with their licenses, such as a one-time registration fee
What is the regulatory authority overseeing crypto licenses in El Salvador?
- The National Commission for Digital Assets (CNAD) is the regulatory body responsible for overseeing and supervising the digital assets landscape within the country.
What are some key regulations governing crypto licenses in El Salvador?
- Key regulations include the Bitcoin Law (2021), Digital Asset Issuance Law (DAI Law, 2023), Regulation of Digital Assets Services Providers (2023), and Reglamento de Proveedores de Servicios de Activos Digitales (2023).