Eternity Law International — News — Crypto exchange license in Malaysia

Crypto exchange license in Malaysia

Published:
May 7, 2024

Malaysia is one of the first countries to introduce cryptographic regulation policies. Under such policy, crypto-currencies are classified as securities, and according to Minister of Finance, the Malaysian governmental authorities believe that crypto-currencies and blockchain-technologies have tremendous potential to stimulate economic progress. It is believed that digital assets and their underlying blockchain technology can help drive innovation in new and established industries within the local market space. In particular, digital assets can serve as an alternative way to raise funds to provide related financial support for entrepreneurs and startups, as well as an alternative asset class for investors. Below we will look at the main nuances that are connected with getting a license to officially work with crypto-assets locally, and the advantages of having such a permit.

Our team is experienced specialists in the field of establishing and licensing commercial structures. We work all over the world, helping our clients obtain any kind of permits. We also have extensively-provided spectrum of ready-made solutions for sale, particularly, EMI-licences in Australia, USA, Japan, China and European countries. 

Crypto-regulation in Malaysia

Bank of Malaysia Negara has published a draft containing regulative proposals for the use, trading and exchange of crypto-assets to prevent illicit cash flows and investment in terrorist operations. An important innovation is the obligations that exchange platforms or institutions associated with crypto-currencies will have to comply with under the AMLA.

The legal obligations, normative points and proposed standards emphasize the transparency of such activities. Exchange platforms and similar companies should widely disseminate and provide only adequate and relevant information so that users or the general public understand and better assess the risks associated with the use of crypto-currencies. Thus, if platforms and companies do not provide detailed information or comply with reporting obligations, they may be subject to fines, as well as possible termination of their activities and revocation of their license.

Such an initiative, which aims to make the use and trading of crypto-currencies locally more transparent, has arisen due to the rapid growth in functionality and use of these financial instruments, as well as their growing and increasingly widespread adoption. The purpose of the bill is to ensure the implementation of effective measures against the illicit circulation of funds, which are often associated with the use of crypto-currencies. Thus, crypto-currency activities will not be the responsibility of the central bank and will not be subject to prudential and market conduct rules or agreements applicable to financial institutions.

Crypto-licenses in Malaysia

To establish and run a business-project related to VFA, you must get a permit to work with crypto-assets. This type of official documented confirmation represents the official approval of local regulators, allowing you to transact with crypto-assets in a certain volume. Our specialists will provide you with fully-covering advisory and practical support in obtaining this type of permit, as well as in obtaining an EMI-license in New Zealand, Australia, the UK and other countries. We provide extensive support for business-registrations around the world, as well as financial, corporate and post-licensing service range.

Our lawyers have extensive experience in getting licenses for crypto-exchanges. We will help you understand the most complex regulatory aspects and parameters, taking on all the most complex nuances. Our specialists will help you successfully cope with time-consuming licensing procedures.

Strengths of digital assets license in Malaysia

Speaking about the Malaysian crypto-currency space, the following advantages and privileges that come with having a crypto-permit in this jurisdiction should be noted. We present them below.

  1. The opportunity to establish and operate business-activities in favorable and promising environmental conditions with greatly-covering perspectives for subsequent extension of the potential client base and market coverage.
  2. Country’s taken steps to refine and more effectively develop financial technologies, particularly by demonstrating a positive response to advent and adoption of blockchain-technology.
  3. Business-activities can be carried out efficiently here without anxiety that governmental bodies will impose strict regulatory policies on this environment.
  4. Favorable tax-conditions. Cryptocurrency holders do not have to pay taxes.

Of course, there are certain risks, however, they are insignificant and can be minimized with a skillful organizational approach.

Cryptographic permit requirement list in Malaysia

In relation to crypto-firms, as part of obtaining permission to function, next-mentioned requirement lists are put forward.

  1. Having a firm established and officially-registered in Malaysia.
  2. Carrying out basic business-transactions and settlements in Malaysia; this obliges, in particular, the rent or purchase of office space.
  3. Capital of RM500,000 payable in full.
  4. Availability of employees locally.
  5. Officially certified evidence of criminal past actions absence for founders and share-holders.
  6. Correspondance with AML-policies and general rules.

Procedure for obtaining a crypto-license in Malaysia

So, according to local law, next-mentioned phases are needed from applicants to get a permit to exchange cryptographic assets in Malaysia.

  1. Choosing the most optimal, effective and promising legal organizational structure for your firm. Formation of business-goals and development of business-strategies, with which our lawyers will help you.
  2. Direct establishment and official launching of a company at the local level. Before registration, it is necessary to bring the enterprise into compliance with the requirements for paid-up capital, legal regulations, as well as the availability of any additional permits for conducting business-activities. Launching requires 1 director with residency, 2 share-holders, address and secretary approved locally. After establishment, incorporation documents and necessary AML/KYC policies are prepared.
  3. Collection and formation of a package of documentation for filing an application: business-plan, AML/KYC policies and insurance documents based on locally-set regulations, personal data of applicant and other persons, as well as a compliance officer with evidence of the professional suitability of each representative of company.
  4. Creation of a banking account to cover corporate necessities. Most frequently chosen banking institutions by entrepreneurs are Maybank, RHB Bank and Standard Chartered Bank.
  5. Submitting an application. In some cases, interviews with regulative bodies are needed.
  6. Getting permission.

Our team is ready to offer you fully-covering support in obtaining this type of permit, accompanying you at every stage. We’ll help you to register your business-project. We also have ready-made payment licenses in Luxembourg, Estonia, Germany, France and other countries.

How much does a cryptocurrency permit cost in Malaysia?

Price of a crypto-license in Malaysia depends on many third-party factors and is therefore calculated on an individual basis. Our specialists will offer you an approximate cost estimate before cooperation begins. We will take into account all the nuances and do everything possible to optimize your budget as much as possible.Our firm are subject matter specialists with many years of experience in getting crypto license in Asia. We have enormous professional knowledge and always monitor updates in the regulatory frameworks of jurisdictions around the world. Contact us now and secure a promising commercial future.

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