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Crypto Licenses in Cayman Islands

Assistance in obtaining the Cayman Islands crypto license. Pricing and more information by contacting our team of cryptocurrency lawyers Cayman Islands.

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Regulatory Overview: Virtual Assets Services Providers license in the Cayman Islands

The Cayman Islands are one of the most notorious offshore jurisdictions for business, especially in the financial services industry. It is not a surprise that it became a haven for the digital assets and virtual assets sector as well. Since the application, enforcement and development of the VASP Act, the Caymans have become a reputable option for asset service providers VASPs offering the provision of financial services related to virtual assets, including trading platforms, custody, and virtual asset issuance.

The Cayman Islands Monetary Authority (CIMA) overviews the VASP regime, aligning its regulations with international standards set by the Financial Action Task Force.
The Cayman Islands Monetary Authority issues two sorts of Virtual Assets Service Providers permits, each with specific licensing requirements and an application process. There are nuances to note:

Registration: This pathway is for entities only providing services such as exchanges (crypto-to-fiat or crypto-to-crypto), transfers, or virtual asset issuances. It authorizes the following activities:

Exchange between virtual assets and fiat currencies
Exchange between one or more forms of convertible virtual assets or other virtual assets
Transfer of virtual assets
Virtual asset issuances (e.g., ICOs), which includes the creation and sale of newly created virtual assets to the public or through private sales, subject to regulatory requirements and exceptions such as airdrops
Licence: This is a more stringent pathway required for entities that provide virtual asset custodial services or operate a virtual asset trading platform. The license permits the following services:

Providing virtual asset custody services, with a requirement to exercise control over client assets and segregate them from proprietary assets
Operating a virtual asset trading platform, which refers to trading platforms that facilitate trades and control virtual assets. These platforms may purchase virtual assets from sellers to provide liquidity. Platforms operating in a peer to peer manner, where users trade directly without the platform exercising control, may be excluded from this definition. A separate platform that only hosts bids and offers without facilitating trades or custody is also not considered a virtual asset trading platform under the regulation.
Issuing cryptocurrencies and organizing an ICO is permitted in the Cayman Islands, provided that the issuing entity has first obtained prior approval for the issuance of the virtual assets from CIMA. Prior approval is also required for certain activities, such as changes in ownership or issuing shares.

It stands noting as well that issuing security tokens is not permitted without proper . A Caymans VASP willing to issue security tokens can do so by requesting approval from the CIMA and by applying and obtaining a Securities Investment Business license from the CIMA, in accordance with the Securities Investment Business Act.

It is possible to apply for a sandbox license, when the planned business activity isn’t described by the different possibilities laid out in the Virtual Assets Service Providers law. This license lasts for 12 months and allows for innovative services under the direct supervision of the CIMA. After 12 months, a definitive license can be issued.

Entities and persons carrying out relevant financial business, including the provision of financial services related to digital assets for payment or investment purposes, must comply with the crime act (Proceeds of Crime Act) and anti-money laundering regulations. VASPs are classified as relevant financial business and must ensure that fit and proper persons are appointed to key roles.

The VASP Act also covers investment funds and private funds that issue digital assets, with relevant requirements under the Mutual Funds Act, Private Funds Act, and Securities Investment Business Act.
The Cayman Islands’ Virtual Asset Service Providers (VASP) Regime establishes a robust regulatory framework for entities that provide virtual asset services, ensuring the jurisdiction remains a leading hub for digital asset innovation while upholding global standards. Under the VASP Act, any business that offers virtual asset services in or from within the Cayman Islands falls within the scope of this regime.
Different crypto licenses in the Cayman Islands and covered activities
The Cayman Islands Monetary Authority issues a single Virtual Assets Service Providers license. There are nuances to note:

A company can register for one or more of 6 activities;
If the business model fails to qualify as one of the activities described in the law, or present an innovative idea, it is possible to apply for a sandbox license.
The activities listed by the Cayman Islands Monetary Authority are the following:

Exchange between virtual assets and fiat currencies;
Exchange between one or more other forms of convertible virtual assets;
Transfer of virtual assets;
Virtual asset custody service;
Participation in, and provision of, financial services related to a virtual asset issuance or the sale of a virtual asset;
FinTech;
Other activities.
Issuing cryptocurrencies and organizing an ICO is permitted in the Cayman Islands, provided that the issuing entity has first obtained an approval for the issuance of the virtual assets.

It stands noting as well that issuing security tokens is not permitted. A Cayman Islands VASP willing to issue security tokens can do so by requesting approval from the CIMA and by applying and obtaining a Securities Investment Business license from the CIMA.

It is possible to apply for a sandbox license, when the planned business activity isn’t described by the different possibilities laid out in the Virtual Assets Service Providers law. This license lasts for 12 months and allows for innovative services under the direct supervision of the CIMA. After 12 months, a definitive license can be issued.

What are the application requirements for a Cayman Islands crypto license

To receive the VASP license in the Cayman Islands, a crypto project should prepare itself to respond to numerous requirements. The Cayman Islands Monetary Authority has issued clear guidelines, in addition to the content of the Virtual Asset Services Providers law, in order to lead crypto companies into structuring a proper application file.

Duration4-7 months
Local officeRegistered office only
Local directorThe directors can be remote
Accounting and auditingAudits for the License regime (not for the Registration regime)
Economic substanceMinimal
Government feeYes (depending on the chosen tier)
Corporate income tax (CIT)No (territorial corporate taxation)
Withholding tax (WHT)0%

A legal entity should be formed in the Cayman Islands, with a registered office. This is the compulsory step number one to the Cayman Islands crypto license.

On the corporate level, the applicant to the VASP license in the Caymans should disclose information about the organization and the structure of the company. The CIMA expects at least the three following pieces of information from candidates:

  • A chart detailing the group’s companies and ultimate beneficial owners;

  • Among the entities composing the group, a detail of the regulated entities and their regulated activities;

  • All the services provided, group-wise, by any entity related to the VASP.

The CIMA will pay close attention to the people involved in the VASP company. The board, the team members and the managers will be required to pass a fit & proper check. In addition, the applying company should prepare, at least:

  • Resume, diplomas and other certificates demonstrating professional qualification;

  • Certificates of non criminal record;

  • Professional and financial references;

  • A notarized document of identity with a photo;

  • Declaration of source of funds and source of wealth with supporting evidence for major shareholders;

  • Detail of every shareholder holding 10% or more of the company;

  • A personal questionnaire issued by the CIMA.

Next comes the business activity and the virtual assets services to be provided by the new licensed company. The CIMA suggests presenting a single document in the form of a business plan, that should include at the very least the following information:

  • A description of the business activity;

  • A description of the products and services being offered or to be offered in the future;

  • Financial projections and statements on a 2 years sight;

  • Description of the physical place of business (can be outside the Cayman Islands);

  • Information about the customers (targeted markets, number of customers, location, etc);

  • Information regarding third parties (affiliates, service providers and outsourcing companies) including their location and regulatory framework.

Finally, the application should include forms, policies and any supporting documents on the matter of compliance with Cayman and international laws. The goal for the CIMA is to get a clear overview of the risks and how they are mitigated by the company:

  • AML-CFT policies;

  • Cybersecurity policies (must be compliant with the CIMA’s cybersecurity guidelines);

  • Information on the Chief Information Officer or Chief Information Security Officer, responsible for ensuring the safety and security of customers’ personal data and virtual assets;

  • Appointment of an approved officer with responsibility for the procedures for combating money laundering, terrorist financing and proliferation financing;

  • Implementation and demonstration of compliance with the Travel Rule (can be included in the AML policies);

  • Transaction flow charts;

  • The application fee and license fee if applicable.

What is the step-by-step crypto licensing process in the Caymans?

Obtaining a crypto license in the Cayman Islands isn’t a long process. It consists of three major steps: registering a legal entity, preparing the application, and carrying out the application. The difficulty lies in having all of the required documents and information ready and validated by the regulator.

STAGE1 1 week
INCORPORATION OF A LEGAL ENTITY IN THE CAYMAN ISLANDS

It is recommended to form an exempted company, but different types of legal entities registered in the Cayman Islands can work for the purpose of getting a crypto license.

Pass the KYC check of directors and shareholders
Provide notarized copies of passports, utility bills and letters of reference
Diplomas, CV and other supporting evidence of professional qualification
Certificates of non criminal record
Professional and financial references
Have a registered office in the Cayman Islands
Produce an organizational chart explaining the roles and positions of each team member
Deposit the share capital (no obligation to do so)
STAGE2 Provide the documents
PREPARATION OF THE APPLICATION TO THE VIRTUAL ASSETS SERVICE PROVIDERS LICENSE

Once the legal entity has been created, the future crypto business should prepare its application very seriously. The CIMA is asking for a lot of information with a lot of details, which are mandatory.

AML-KYC policies compliant with the Cayman AML Regulations
Appointment of an AML officer (doesn’t need to be a resident of the Cayman Islands)
Cybersecurity policies
Policies pertaining to the safety of customers’ virtual assets and personal data
Source of funds for every major shareholder
Detailed business plan with financial projections
Outsourcing agreements
File the application on the REEFS platform
STAGE3 from 4 months
CARRYING ON AND SUPPORTING THE APPLICATION TO THE CAYMAN ISLANDS MONETARY AUTHORITY

After paying the mandatory fees, the Cayman Islands Monetary Authority will review the application and engage a conversation. The applicant should expect to be asked for additional information and to perform interviews before the license is granted.

Full payment of the application fee + licensing fee (once the license is granted)
Demonstration of compliance with the VASP and AML laws
Presentation of the Chief Information Officer of Chief Information Security Officer
Adjustment of the share capital if demanded by the CIMA
Provision of detailed information about customers
Provision of information about third parties interacting with the VASP
Filling questionnaires both for individuals and for the company

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