Eternity Law International News EMI license in Netherlands

EMI license in Netherlands

Published:
July 21, 2023

Introduction

The Netherlands has emerged as a highly engaging formation for receiving an EMI (E-money Institution) permit. With its robust regulatory framework, favorable conditions for international teams, and efficient licensing operation, the Netherlands suggests a range of profits for fintech foundations looking to operate in the payment options industry. In this article, we will explain the key advantages of getting an E-money license in Netherlands and delve into the specific features that make it an ideal choice for fintech revolution.

Advantages of EMI licensing in the Netherlands

  • Productive Licensing Activity and Short Timeframes: One notable advantage of pursuing an EMI license in Netherlands is the relatively short time it takes to get the permit. While most European authorities require 12 to 15 months for the licensing process, the Dutch regulator, De Nederlandsche Bank (DNB), demonstrates efficiency by issuing licenses within a realistic timeframe of around 9 months, with some cases even being completed within 6 months. This expedited process offers companies a quicker path to market entry and enables them to capitalize on emerging opportunities sooner.
  • International Team-Friendly Attitude: The Netherlands stands out for its openness towards international teams, providing flexibility in terms of local presence demands. Unlike many other administrations, the Dutch regulator does not mandate a substantial local presence. Companies can apply with just two local directors, allowing the majority of the team to be based in other European countries or even partially outside of Europe. This approach facilitates global collaboration and allows fintech firms to leverage diverse talent pools while benefiting from the favorable regulatory environment offered by the Netherlands.
  • English-Language Documentation: Another advantage of pursuing an EMI license in the Netherlands is the ability to submit most authorizing papers in English. While some jurisdictions require documentation in the local language, the Netherlands accepts English documentation, reducing the burden and cost associated with translation options. This language flexibility streamlines the appeal process and makes it more accessible to international applicants.

Requests for Getting an EMI permit in the Netherlands

Getting an EMI (E-money Institution) permit in the Netherlands requires meeting certain obligations set forth by the Dutch regulator, De Nederlandsche Bank (DNB). These requirements ensure that companies working in the payment services industry comply with governing standards and maintain the honesty of the money system. Here are the key requests for getting an EMI permit in the Netherlands:

  • Legal Structure: Applicants have to create a legal entity in the Netherlands, which will serve as the basis for conducting their payment services activities.
  • Fund Demands: The applicant must meet the minimum fund demands specified by the DNB. Currently, the minimum authorized funds for an EMI permit in the Netherlands is €350,000.
  • Fit and Proper Evaluation: The DNB conducts a fit and proper evaluation of the persons  who will hold key positions within the applicant company. This assessment ensures that these individuals possess the necessary qualifications, experience, and integrity to fulfill their roles effectively.
  • Commerce Plan: Applicants are required to submit a comprehensive business plan that outlines their intended activities, target market, operational strategies, and risk management procedures. The commerce plan should demonstrate the viability and sustainability of the proposed commerce model.
  • Organizational Structure: The applicant must have a clear organizational structure, including a management team responsible for overseeing the operations and compliance of the EMI. The DNB will assess the adequacy and effectiveness of the proposed organizational structure in ensuring proper governance and risk management.
  • Operational plans: Applicants must develop robust operational methods, including inside control instruments, risk management frameworks, and compliance methods. These methods should demonstrate the ability to effectively monitor and manage risks associated with the provision of payment options.
  • AML/CFT Measures: The applicant must establish and implement effective Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) arrangements to prevent the misuse of their services for illicit activities. This includes conducting customer due diligence, ongoing monitoring of transactions, and reporting suspicious activities to the relevant authorities.
  • IT Systems and Safety: The applicant must have robust IT systems and safety arrangements in place to safeguard customer data, ensure secure transactions, and defend against cybersecurity dangers.
  • Reporting and Record-Keeping: Applicants must establish comprehensive reporting and record-keeping procedures to meet the governing demands of the DNB. This includes regular reporting of financial data, transaction data, and other relevant operational data.
  • Continuous Compliance: Once licensed, EMI holders must maintain ongoing compliance with the DNB’s regulatory requirements. This includes regular reporting, compliance with AML/CFT obligations, and cooperation with regulatory inspections and audits.

It is crucial to note that the requests for getting an EMI permit may be subject to change, and companies should consult the DNB’s official guidelines and regulations for the most up-to-date information. Additionally, engaging our professional legal and regulatory advisors familiar with the Dutch regulatory landscape can provide valuable guidance throughout the licensing process.

Other properties of EMI licenses in the Netherlands

  • Expanded Capabilities under a Payment Institution Permit: Governing framework offers an expanded interpretation of capabilities for Payment Institution (PI) licenses. Unlike many authorities that strictly differentiate between PI and EMI licenses, the Netherlands gives PI permit holders to suggest end users the option to store funds in their electronic wallets for longer periods. This flexibility enables fintech companies to provide innovative computerized banking decisions and caters to the evolving needs of customers, further reinforcing the Netherlands’ position as a forward-thinking fintech hub.
  • Severe AML Procedures and Accordance: The Dutch regulator places a strong emphasis on Anti-Money Laundering (AML) approach and expects thorough adherence to AML-specific demands. While this requirement is not unique to the Netherlands, the DNB is known for its high standards in this area. Fintech firms applying for an EMI grant must demonstrate a comprehensive understanding of AML rules and develop robust procedures to mitigate related risks. The stringent AML measures implemented by the DNB contribute to the overall integrity and respectability of the Dutch financial system.
  • Consideration of Costs: It is important to note that doing commerce in the Netherlands can be expensive, including factors such as employee salaries, office rent, and legal fees. However, the lower demands for a local presence offer opportunities to mitigate costs by maintaining a compact central office and strategically allocating expenses across multiple authorities. Balancing cost considerations with the profits of working in the Netherlands is crucial for enterprises seeking to establish a strong foothold in the European fintech landscape.

Conclusion

Receiving an EMI permit in the Netherlands presents a compelling proposition for fintech foundations looking to navigate the evolving payment options landscape. The country’s efficient licensing process, international team-friendly approach, expanded capabilities under a PI permit, and strict AML accordance requests position the Netherlands as a favorable authority for fintech revolution. While the costs of doing commerce should be carefully weighed, the overall advantages of the Dutch regulatory environment make it an engaging destination for fintech foundations seeking growth and success in the European market.

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