Crypto Licensing - New York

About New York

New York established particular rules and restrictions for cryptocurrency businesses operating within its borders. The New York State Department of Financial Services (NYDFS) and its BitLicense essentially control the regulatory framework for cryptocurrencies in New York.

The BitLicense is a licencing regime that cryptocurrency businesses must receive in order to operate in New York. It was created in 2015. Its goal is to regulate and supervise virtual currency transactions in order to safeguard consumers and prevent money laundering and other illegal acts. A thorough examination of the company’s compliance programmes, consumer protection measures, and cybersecurity policies is required as part of the licencing process.

New York City is located in southeastern New York state on the coast of the Northeastern United States, at the mouth of the Hudson River.

18937000

English is the most widely spoken language in New York.

New York law is divided into various levels, including constitutional, statutory, regulatory, and case law, as well as local laws, ordinances, and regulations. The broad statutory law is formed by the Consolidated Laws.

1. Regulatory Compliance

Obtaining a crypto licence confirms conformity with the New York State Department of Financial Services’ (NYDFS) regulatory framework. It permits firms to operate legally in New York while also ensuring compliance with consumer protection and anti-money laundering (AML) standards.

2. Consumer Trust 

The BitLicense’s stringent requirements can aid in the development of consumer trust and confidence. A licence demonstrates that the company has thoroughly reviewed its compliance programmes, security measures, and financial soundness, thereby creating confidence in customers and investors.

3. Enhanced Reputation

Working in a regulated environment can help a bitcoin company’s reputation and legitimacy. It indicates a dedication to openness, compliance, and ethical business practises, which can be appealing to potential partners, clients, and investors.

4. Access to New York Market

New York City is a global financial centre, and possessing a crypto licence lets enterprises capitalise on the state’s massive market prospects. It allows them to operate legally and provide services to New York citizens and companies.

5. Competitive Edge

Given the high standards for obtaining a BitLicense, businesses that receive the licence may have a competitive edge over those that do not. It can serve as a barrier to entrance for new rivals while also demonstrating a greater level of professionalism and dedication to regulatory compliance.

6. Collaboration Opportunities

Numerous financial institutions, technological firms, and cryptocurrency-focused organisations are headquartered in New York. Having a crypto licence can make it easier to form relationships and collaborate with other regulated companies in the state, perhaps leading to new business prospects and synergies.

General

License: BitLicense
Timeframe for Approval: 6 to 8 months
Regulator: New York Department of Financial Services

Company Structure

Local Director: At least one of the directors to be a local resident
Local Shareholder: Minimum of 1 shareholder, who can be an individual or a corporation and may be non-resident
Local Registered Office: Required
Local Staff: Required
Compliance Officer: Required
AML/KYC: Required
Audit: Required
Economic Substance: Required
Corporate Tax Rate: 7.25%
Currency: United States Dollar (USD)
Tax Structure: 0% Tax on Offshore Profits
Capital Requirement: Varies
1. Familiarize Yourself with Requirements
2. Application Preparation
a. Business information
b. Compliance programs
c. Financial statements
d. Legal and operational documents
3. Application Submission
4. Review and Evaluation
5. Ongoing Compliance
1. Compliance Programs
1.1 Anti-Money Laundering (AML)
1.2 Customer Protection
1.3 Cybersecurity
2. Financial Projections and Capital Requirements
3. Business Continuity and Disaster Recovery
4. Insurance Coverage
5. Compliance with Other Laws and Regulations
6. Third-Party Service Providers
7. Business Model and Offering

Documents required by all involved individuals

(including but not limited to directors, shareholders and beneficial owners)

  • Passport copy (Notarised)
  • Utility Bill issued within the last 3 months (Notarised)
  • CV or Resume for each involved individual
  • Two professional reference letters
  • Qualifications (Notarised)

For Corporate Shareholders

  • Articles of Association in English
  • Registered office address documents (Notarised)
  • Company Register of director/s
  • Company Register of UBOs (shareholder register, or incumbency certificate, or share certificates)
  1. Incorporation of offshore corporation of U.S. domestic Wyoming LLC
  2. Arrange for local registered officer and local directors, if required
  3. Draft corporate bylaws, minutes and owner share issuances
  4. Establishment of corporate bank account suitable for cryptocurrency exchange operations
  5. Establishment of merchant service account for accepting credit and debit cards
  6. Draft requisite business plan, financial statements and financial projections
  7. Draft requisite Anti-Money Laundering & Know-Your-Customer policies
  8. Arrange for requisite surety bond
  9. Prepare and process application for New York BitLicense
  10. Representation before licensing regulatory authority, banks and liquidity providers