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.

You could be interested

Crypto regulation consultation

The cryptocurrency market is actively developing around the world. In many leading countries, documents are already appearing that allow to establishment of legal control over the process of trading with cryptocurrencies, their storage, and other operations in this sphere. Every year there are more and more crypto company for sale of popular coins. To legally...

Regulating the risks related to crypto-assets

Reaching a provisional approval on the scope and direction of the MiCA proposal, the EU has brought virtual assets and VASPs under a common regulative system. These legal mechanisms that focus on regulating the risks related to crypto-assets, will guarantee the security of crypto holders and safeguard the smooth operation of the crypto market, whilst...

Permanent resident card in Latvia

Permanent resident card in Latvia – quite intersting issue. Moving to the Baltic countries makes integration into the European space much easier. In addition, we are also talking about a significant expansion of prospects in business and opportunities to enjoy social and cultural benefits. Latvia is a state with developed legislation for immigrants, which allows...

Ready-made Market Maker in Cyprus for sale

Ready-made Market Maker in Cyprus for sale ICF Contribution – 105 000 Euro CySEC Fees – 3 500 Euro Monthly Expenses – Approx. 20 000 Euro Share capital 760k Euro The year of foundation of the company is 3 years Asking price: 290 000 Euro Please feel free to join our Telegram channel in order to...

Regulation of ICO in Switzerland

February 16, 2018 The Financial Markets Supervision Service of Switzerland (FINMA) has published a survey and legal recommendations for the organizers of the ICO. In particular, the Service rightly points out that the law and regulation of the financial market can not be applicable to all ICOs without exception, therefore the need for compliance with...

Corporate taxes in Belgium as of 2024

Enterprises in Belgium are obliged to pay corporate tax on their earnings. Nevertheless, there are a series of exemptions and tax credits for some kinds of enterprises. The rate you must pay contingent not only on a kind of business but also on the amount of your revenue. Entities are obliged to file their company...

Related posts

Company liquidation in the Netherlands

Company Liquidation in Netherlands is a complex and rigorously orchestrated scheme. Whether liquidating a company in Netherlands implies a voluntary breakup or sticking to a court-mandated format, comprehending how to liquidate a company in Netherlands requires adherence to stringent judicial and fiscal rules. Those seeking an attorney for How to liquidate a limited liability company...

EMI license in the UK

Electronic money is a new medium’s creation that is a result of contemporary paying tools evolution. In case you want to be entitled to issue digital cash and give e-money accounts to consumers, receiving a UK EMI license is mandatory to purvey these types of services. The article will help you to sort out all...

Ready-made company in the Netherlands

Venturing into business endeavors in the Netherlands offers substantial opportunities, albeit often entailing navigation through intricate legal frameworks and administrative intricacies. Fortunately, a streamlined path to heightened efficiency and convenience exists – the acquisition of a pre-established company. Within this comprehensive exploration, we shall thoroughly explore the myriad advantages intrinsic to acquiring an existing entity...

EMI license in Cyprus

Companies that specialize in payment services in Cyprus are controlled at the legislative level. The provisions of the new directives, in comparison with the previous ones, are aimed at the future improvement of the payments sector in the EU for the benefit of companies and customers. The new regulations also help develop new internet and...

Company registration in the Netherlands

The Netherlands is one of the most respectable and prestigious jurisdictions in Europe. The Dutch jurisdiction is very beneficial and convenient for the development of foreign companies. And thanks to the changes made to the legislation in 2013, the registration procedure was simplified as much as possible, which allowed foreign entrepreneurs to create companies in...

Company in the Netherlands

Registration cost 2 800.00 EUR Company renewal cost 2 500.00 EUR Number of directors 1 Corporate tax 25.00% Paid Share Capital 0.01 Mandatory reporting requirements Yes The Kingdom of the Netherlands gained independence at the end of the 16th century, having previously been under Spanish rule. The next century was a century of great breakthroughs...
Fill the blank: