Licensing Criteria and Procedures for Applying for a Crypto Asset Service Providers license in South Africa
General information
Company structure
- A South African company engaged in crypto activities must have at least one shareholder. The shareholder can be an individual or a corporate entity
- At least one director is required for a company involved in cryptocurrency operations. The director must be a resident of South Africa, ensuring local accountability and compliance
Confidentiality
- Beneficial owners' details – disclosed to the Authorities
- Shareholders' details – part of public record
- Directors' details – part of public record
Taxation
Crypto businesses in South Africa are subject to standard corporate tax rates. Profits from crypto trading and operations are taxed as part of corporate income. There are no specific tax incentives or benefits for cryptocurrency businesses
Accounting requirements
- Filing annual report is obligatory
Secretary - Required
Registered office - A physical office in South Africa is necessary for regulatory compliance. This helps ensure that the company can be audited and supervised by local authorities
The application process for a crypto license involves several steps:
- Company Registration: Establish a local entity.
- Documentation: Prepare and submit detailed business plans, AML/KYC policies, and other necessary documents.
- Approval: The application is reviewed by the South African Financial Sector Conduct Authority (FSCA). The process includes background checks and compliance reviews to ensure adherence to regulatory standards
Key documents required for the application include:
- Business Plan: Outlining the operational strategy and compliance measures.
- AML/KYC Policies: Detailed procedures for anti-money laundering and customer verification.
- Director and Shareholder Information: Background details and proof of identity for all involved parties.
- Financial Statements: Initial and projected financial data demonstrating the company’s stability and compliance with capital requirements