Seychelles VASP license
- The Seychelles VASP license has emerged as a key regulatory milestone reflecting the nation’s commitment to fostering a secure and thriving virtual asset ecosystem. With the Virtual Asset Service Providers Act, 2024 having been gazette on 30 August 2024 and now effective from 1st September 2024, Seychelles now has an enhanced framework for the regulation of virtual asset service providers (VASPs) as well as enhanced prevention of risks related to money laundering and financing of terrorism.
- The new regulation is welcome news for any business hoping to register a crypto company in Seychelles in this evolving sector. In this guide, Tetra Consultants will help you understand the Seychelles VASP license requirements and procedures in detail so that you can smoothly enter this emerging market.
Advantages of obtaining Seychelles VASP license
- Obtaining a Virtual Asset Service Provider (VASP) license in Seychelles offers several significant advantages for businesses operating in the virtual asset sector. These benefits stem from the regulatory framework established by the Seychelles VASP Act, which aims to create a secure and compliant environment for virtual asset activities. Thus, the advantages of obtaining a Seychelles VASP license are as follows:
Regulatory compliance and legitimacy
- The VASP Act provides a structured legal framework through which businesses can enhance legitimacy in the virtual asset space. By obtaining a license, companies demonstrate compliance with local laws, enhancing the reputation of such companies among clients and partners.
- Operating without a license may bring severe consequences, including fines and imprisonment. A VASP license safeguards businesses against such legal risks, allowing them to operate legally in Seychelles.
Business-friendly environment
- The tax climate is quite favorable for Seychelles as there is no capital gains tax and the corporate taxes are low. Therefore, it is an attractive place for virtual asset businesses to optimize their tax liability.
- The jurisdiction permits different forms of business structures that allow businesses to select the one best suited for their operations.
Improved market opportunities
- A VASP license in Seychelles allow companies to operate much more freely in international markets, attracting clients from anywhere in the world who desire compliance and security in their virtual asset transactions.
- Being licensed can help open doors to potential investors who are more likely to invest in regulated entities as opposed to unlicensed operations.
Strong consumer protection measures
- Licensed VASPs also implement strong measures for custody and protection of client assets. Thus, building confidence among the customers and promoting integrity in the business overall.
- The licensing process includes anti-money laundering and counter-terrorism financing regulations, ensuring that businesses operate with integrity and transparency.
Operational benefits
- The physical office address requirement in Seychelles can lead to better operational oversight and management of local activities, which can foster stronger relationships with local stakeholders.
- The licensed entities are assisted by the Seychelles Financial Services Authority (FSA) that can aid in navigating regulatory requirements and best practice in the industry.
Regulatory authority for Seychelles VASP license
- The Seychelles Financial Service Authority (FSA) is the key licensing authority for a VASP license in Seychelles. As the enforcer of the Virtual Asset Service Providers Act, 2024, that came into force on September 1, 2024, the FSA provides entities in the virtual asset space with a stringent legal regime that is well-calibrated to prevent activities like money laundering and financing terrorism.
- The FSA is responsible for reviewing license applications, conducting inspections to check for compliance with regulatory standards, and imposing penalties, such as license revocation, on those who do not comply. It also actively monitors the market and takes strict action against entities falsely claiming to be regulated in Seychelles.
- The Seychelles Virtual Asset Service Providers Act, 2024 does mandate that all entities issuing virtual asset services, such as wallet provision, exchanges, or brokerage, secure a license to operate legally, supporting Seychelles’ commitment toward a secure and transparent virtual asset ecosystem.
Timeline to obtain Seychelles VASP license
- A VASP license in Seychelles has a defined timeline under the VASP Act of 2024. This process begins with the preparation phase, which involves incorporating the company and meeting the economic substance requirements. The whole preparation phase which includes to register company in Seychelles and preparing economic substances takes around 1 week.
- Once all the preparatory measures are concluded, the formal application for the VASP license is submitted. The regulatory bodies take some time to study the application, and this may take roughly 5 to 6 months. Once studied and approved, the VASP license is issued, completing the licensing process. After this, the corporate bank account opening is to be done, which takes around 4 weeks to complete. Generally speaking, the whole period of preparation, submission, review, and issuance usually falls within the range of 7 to 8 months.
- Our team of experts makes sure that the process for clients is smooth and seamless throughout. We take care of all aspects of the licensing journey, so clients do not have to travel to Seychelles. By leveraging our expertise, applicants can confidently navigate the requirements and secure their VASP license efficiently and effectively.
Who can apply for Seychelles VASP license?
- Only a corporate entity, and more specifically a domestic company or an International Business Company incorporated in Seychelles, can apply for the Seychelles Virtual Asset Service Provider license. A natural person cannot apply for a VASP license. Also, any entity which is already licensed under the Financial Institutions Act, 2004, will be subject to additional requirements.
- Entities must first get approval from the Central Bank of Seychelles prior to filing their VASP license application. This limitation ensures that all potential applicants are adequately vetted, and that regulatory consistency is maintained across financial industries. The emphasis on corporate entities reinforces control and responsible involvement in Seychelles’ virtual asset system.
Types of Seychelles VASP license
- In Seychelles, the licensing framework for Virtual Asset Service Providers (VASPs) is defined by the Virtual Asset Service Providers Act, 2024. This framework categorizes VASP licenses into four distinct types, each tailored to specific activities within the virtual asset ecosystem. Here are the types of VASP license in Seychelles:
Type A: Virtual Asset Wallet Provider License
- It is intended for companies managing and securing virtual assets on behalf of their clients.
- Permitted activities:
- Safekeeping and administration of virtual assets.
- Transfer of virtual assets facilitation.
- Handling Initial Coin Offerings (ICOs) and Non-Fungible Tokens (NFTs).
Type B: Virtual Asset Exchange License
- These are suitable for companies that will enable trading between virtual assets and fiat currencies.
- Permitted activities:
- Virtual asset trading business.
- Facilitating crypto/fiat on-ramping and off-ramping.
- Supporting exchanges involving NFTs and ICOs.
Type C: Virtual Asset Broking License
- This license should target intermediaries that enable one virtual asset exchange with other virtual assets.
- Permitted activities:
- Intermediary trading in various virtual assets between each other.
- Assisted service exchange of ICOs and NFTs through an exchange or wallet service.
Type D: Virtual Asset Investment Provider License
- In this license, businesses focused on virtual asset portfolio management advisory activities.
- Permitted activities:
- Administration and the provision of investment advice involving virtual assets in a managed portfolio.
- Investment advice on virtual assets, ICOs, and NFTs.
Prohibited activities under Seychelles VASP license
The Act categorically prohibits the following:
- Conducting a mining facility, mixer or tumbler service in or from Seychelles; and
- Using specific words such as “blockchain,” “cryptocurrency,” “currency,” “deFI,” “digital wallet,” “hot/cold wallet,” “exchange,” “ICO,” “NFT,” “virtual,” “virtual coin,” or “Web 3” in registered business or trade name, unless the entity is a licensee or registrant under the VASP Act.
Steps to obtain Seychelles VASP license
Step 1: Company registration in Seychelles
- For obtaining VASP license in Seychelles a company incorporated or registered under the Companies Act of 1972 or an international business company incorporated, continued, or converted under the International Business Companies Act of 2016 is necessary.
- First, Tetra Consultants will assist you in selecting the appropriate business structure for your needs and strategic goals – either as an International Business Company (IBC) or a domestic company. We will then assist you in choosing a unique company name that meets Seychelles naming regulations. For full protection of your brand, we also offer international trademark registration services to protect your business name worldwide.
- Subsequently, we will prepare all the necessary documents, such as the Memorandum and Articles of Association and identification documents for directors and shareholders. Once these are finalized, we will register the company with the Seychelles Financial Services Authority (FSA) by submitting the application along with the required documentation and paying the applicable registration fees. Following successful registration, we will receive the Certificate of Incorporation, thus confirming the company’s legal status for the subsequent steps in obtaining a Seychelles VASP license.
Step 2: Prepare required documentation
- Furthermore, we will obtain all documents that appear in the checklist for application for a VASP from FSA in Seychelles. Among others, they are the following:
- Application fee: Payment of the application fee.
- Constitutional documents: Preparing and filing essential documents like Certificate of Incorporation, Memorandum and Articles of Association, and relevant partnership agreements.
- Financial statements: Provision of the last audited financial statements for controlling owners, if applicable, to demonstrate financial credibility.
- Proof of source of funds: Documentation of the origin of all funds or wealth relative to the application so as not to violate anti-money laundering requirements.
- Physical office proof: Submission of a Title Deed or Lease Agreement to prove that your business premises exist in Seychelles.
- Business plan: Developing a business plan that would outline your strategy, goals, and actions regarding virtual asset services.
- We ensure the proper drafting of all required documents with expert legal knowledge in compliance with Seychelles’ strict regulations. Our team will ensure that your application is accurate, complete, and compliant to move you through this important stage of obtaining a VASP license.
Step 3: Obtain approval from the Central Bank of Seychelles
- Before submitting a VASP license application, Tetra Consultants will secure approval from the Central Bank of Seychelles. This step is crucial as it ensures that the entity meets preliminary regulatory requirements.
Step 4: Fill VASP application form
- We will move further by completing the VASP License Application Form on your behalf accurately. Our staff ensures that all fields are completed in English using block letters, according to the explicit guidelines given by the Seychelles Financial Services Authority, FSA.
- We carefully review the form to ensure no questions are left blank and use “Not Applicable” when appropriate. Further, if more space is needed to provide more details, we will attach supplementary pages to provide complete and detailed information. This approach guarantees that the application meets all relevant standards for regulation and the review process will be smooth.
Step 5: Identify key personnel
- Moving forward, we will continue to ensure that all relevant information regarding the key individuals involved in your application is properly documented and submitted. This includes:
- Directors: A comprehensive list of directors, including their names, addresses, and relevant background information, to demonstrate qualifications and suitability for the role.
- Compliance officers: Appointing compliance officers in accordance with the requirements of the Anti-Money Laundering and Countering the Financing of Terrorism Act so that your business will operate in line with regulatory standards.
- Shareholders and beneficial owners: All shareholders or beneficial owners must be detailed, including their names, percentages of ownership, and any other information about them to enhance transparency.
- Public officer: Appointment of public officer in Seychelles to be legally compliant with Seychelles laws.
- This will help ensure compliance with the Seychelles’ regulatory framework and enable us to march forward in the licensing process without any conflict.
Step 6: Preparation of supporting manuals
- Moving forward, we will continue to ensure the development and submission of a detailed operational manual that mirrors your company’s policies and procedures. These manuals include:
- Internal procedures manual: This outlines the day-to-day operational processes to provide consistency and efficiency.
- Client service agreement: This shall detail the terms and conditions governing your relationship with the clients to ensure clarity and compliance.
- Compliance manual: This shall highlight the procedures and protocols your company adopts to ensure compliance with regulatory requirements.
- AML manual: Establishing strong measures to prevent money laundering and financing of terrorism, in accordance with relevant laws.
- Cyber security policy: Defining strategy and practices to protect your digital infrastructure and sensitive information.
- Our team ensures that these documents are drafted according to your business model and meet the regulatory expectations of the Seychelles Financial Services Authority (FSA), facilitating a smooth licensing process.
Step 7: Compile certification requirements
- Further, we will make all the documents that are sought to be certified and signed by an independent public notary or a barrier in compliance with Seychelles law. Such is the case with Personal Questionnaire Forms for the board of directors and key members and the certified true copy of qualification for the company’s auditor.
Step 8: Filing application for VASP license
- Once everything is aligned, we will then Submit the completed application form along with all supporting documents to the Seychelles Financial Services Authority.
Step 9: Await for review and approval
- After submitting, Seychelles Financial Services Authority will scrutinize the application filed. We shall be ready and vigilant enough to provide them with any other information or documentation, if required, for the validation of your application. Notifying the Authority promptly of the changes in the submitted information is an important part of maintaining transparency during the review process and ensuring we comply with it. Our proactive approach ensures a smooth and efficient progression toward obtaining your VASP license.
Step 10: Corporate bank account opening
- Once the company is incorporated, we will then further proceed with corporate bank account opening for our clients. The bank account setup usually takes around 4 weeks after incorporation of a company and approval of VASP license in Seychelles.
Step 11: Maintain compliance post licensing
- Once the VASP license is issued, we would also help ensure that your operations are compliant with all requirements set by the FSA of Seychelles. This would include having periodic audits to ensure financial and operational compliance, reporting accurately and timely, and strictly following the operational guidelines as defined in the manuals submitted at the time of application. With compliance maintenance, your business will maintain its regulatory standing and build trust with stakeholders.
Documents required to obtain Seychelles VASP license
- Valid IDs or copies of passports of directors and shareholders.
- A comprehensive business plan outlining the company’s operations, target market, and financial projections.
- Detailed policies and procedures for Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF), including risk assessments and mitigation strategies.
- Information about the company’s management team, including qualifications and experience of directors.
- Audited financial statements demonstrating the company’s financial health.
- Documentation proving that the company has a physical office in Seychelles, staffed with qualified personnel.
- Evidence of sufficient paid-in capital, which varies based on the type of services offered.
- Proof of insurance coverage for business operations.
- Regular compliance reports and other documentation as requested by the Seychelles Financial Services Authority (FSA).
- Submission of a completed application form along with the applicable fees.
Regulatory requirements to obtain Seychelles VASP license
To obtain any of these licenses, applicants must adhere to specific criteria set forth in the VASP Act, including:
- At least one director must be a resident of Seychelles, and the board must consist of at least two directors who are individuals. To comply with residency requirements, we provide our clients with nominee director and shareholder services.
- A Seychelles IBC can be formed with a minimum of one shareholder. This can be either an individual or a corporate entity without any residency requirements.
- Capital requirements range from US$25,000 to US$100,000, depending on the specific services offered.
- At least 1 public officer in Seychelles that can be hired by our team efficiently.
- Directors and principal officers must demonstrate appropriate skills and integrity.
- Applicants must maintain adequate financial reserves.
- Robust cybersecurity protocols must be implemented to protect client data.
- VASPs must have a fully staffed physical office in Seychelles.
- Employ qualified or experienced personnel to manage the office.
- Ensure that all records and documentation required by the Act and its regulations are readily available and accessible from the local office.
- Hold a minimum of two board meetings annually in Seychelles.
- Conduct at least four management meetings annually in Seychelles.
- Licensed entities are required to comply with anti-money laundering (AML) and counter-terrorism financing (CFT) regulations.
- Implement and maintain effective cybersecurity measures and prepare a cybersecurity policy.
What does VASP application form include?
- The Virtual Asset Service Providers Act, 2024, governs the process of obtaining a VASP license in Seychelles, which is a detailed application procedure managed by the Financial Services Authority (FSA). The applicant must carefully complete the VASP license application form to ensure that all questions are answered in English, using block letters or typed responses. The form asks for comprehensive information regarding the applicant’s proposed activities, such as what specific virtual asset services they would provide, like wallet services, exchanges, or investment advisory.
- Key sections of the application include information about the corporate structure of the applicant, share capital, compliance measures, and proposed personnel who will be in charge of various operational aspects, such as cybersecurity and anti-money laundering compliance. In addition, applicants are required to furnish supporting documentation, including proof of funds, business plans, and insurance quotations. It is very important that the application is submitted entirely with all documents to prevent delays or even rejection by the FSA. The application must be submitted at least one month prior to the intended start of operations for sufficient time for a review.
Exemption application form under Seychelles insurance regulations
- Exemptions under the Insurance (Restriction of Insurers) Regulations, 2012 are pertinent for Virtual Asset Service Providers (VASPs) in Seychelles, as they may need to secure insurance coverage that local insurers cannot adequately provide. The exemption application process allows VASPs to seek approval from the Financial Services Authority (FSA) to obtain insurance from foreign providers when local options are insufficient.
- The Exemption Application Form from the Seychelles Insurance (Restriction of Insurers) Regulations, 2012 is a core document for entities seeking to be exempted from local requirements on insurance. This form shall be filled in with utmost carefulness, following guidelines and instructions that emphasize clarity and correctness. Applicants are expected to provide detailed information about insurance needs, including the type of coverage sought, the sum insured, and justifications for why local insurers could not meet these needs.
- Key instructions are that all questions must be answered, in block letters, and supporting documents such as quotes from local insurers must be submitted. It is important to submit the application at least one month prior to the renewal date of any insurance policy. The FSA emphasizes that incomplete applications will be returned, which may delay the processing. Any material change in information must also be reported promptly. This form not only expresses an exemption request but also asserts an undertaking of the application, committing to transparency and to abiding by regulatory compliance to maintain integrity in business operation within the VASP platform for Seychelles.
Comparison of Seychelles VASP License with Other Major VASP Licenses
Aspects | Seychelles | Malta | Estonia | Singapore |
---|---|---|---|---|
Licensing Authority | Financial Services Authority (FSA) | Malta Financial Services Authority (MFSA) | Estonian Financial Supervision Authority (EFSA) | Monetary Authority of Singapore (MAS) |
Capital Requirements | US$25,000 to US$100,000 | €730,000 (approx. US$765,805) | €12,000 (approx. US$12,589) | S$250,000 (approx. US$185,000) |
Compliance Obligations | AML/CFT compliance, cybersecurity measures, annual audits | AML/CFT compliance, risk assessment, annual audits | AML/CFT compliance, risk management procedures | AML/CFT compliance, technology risk management |
Fit and Proper Test | Required for directors and principal officers | Required for key functionaries | Required for management and supervisory board | Required for key personnel |
Substance Requirements | Physical presence required | Physical presence required | Physical presence required | Physical presence required |
Prohibited Activities | Mining facilities, mixers/tumblers | Money laundering, financing terrorism, operating without licenses | Money laundering, financing terrorism, illegal virtual assets | Fraudulent activities, illegal transactions |
Regulatory Framework | VASP Bill 2024 | Virtual Financial Assets Act | Virtual Currency Act | Payment Services Act |
Cost to obtaining Seychelles VASP license
- Engaging with Tetra Consultants to obtain a Seychelles VASP license can be a cost-effective way for businesses to enter the virtual asset market. We offer full transparency in our pricing, detailing all costs involved throughout the licensing process. Our clear and structured approach ensures that clients are fully informed of the financial commitments at each stage, thereby eliminating any hidden fees or unexpected expenses. By partnering with us, you can ensure that your costs are controlled while getting professional guidance and support in managing a smooth and successful licensing process.
Looking to obtain Seychelles VASP license
- Obtaining Seychelles VASP with Tetra Consultants guarantees a seamless and smooth process from start to finish. Our team takes care of every aspect, including company registration, documentation preparation, regulatory compliance, and submission, leaving you time to focus on your business. We guide our clients expertly through legal and operational requirements in Seychelles, ensuring the business complies at every stage in the licensing process and subsequently. With our full support, you can confidently navigate the VASP licensing journey to ensure a successful and long-term presence in the Seychelles market.
- Contact us to know more about Seychelles VASP license and our team will revert back in 24 hours.
FAQ’s
What is a Seychelles VASP license?
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