Eternity Law International — News — PI license in Poland

PI license in Poland

Published:
January 18, 2023

Regardless of an uncertain access to digital currency regulation, the Polish Financial Supervisory Authority (KNF)  has emphasized that it supports innovative financial services, including the implementation of fintech-based systems. This could make them a promising fintech region and certainly one to watch for the evolution of the country.

The Small Payment Institution in Poland was implanted in the Polish legal system by amending the Polish Payment Services Act in accordance with the PSD2 Directive.

A small payment institution in Poland is used for activities in the field of providing payment services on a smaller scale. This is a very good solution for those entrepreneurs who would like to check in practice the functioning of the planned activity of payment services in Poland. The Polish supervisory authority even called it a regulatory sandbox, which is recommended primarily for all types of startups in Poland, especially from the FinTech industry.

As in all EU countries, PI in Poland for sale can carry out commercial activities only on the basis of a license issued by the Polish Financial Supervision Commission.

Introduction

Although Poland does not directly regulate cryptocurrencies and other virtual assets, companies that are qualified payment service providers, such as national and foreign banks, as well as credit and e-money institutions, still have the legal right to continue their commercial transactions with cryptocurrencies according to the competence of the Polish Payment Services Act 2011. This is a comprehensive piece of legislation that regulates payment services in general, not just cryptocurrencies, which is a significant difference from other jurisdictions as it leaves some uncertainty regarding electronic payments.

Obtaining a payment institution license in Poland

To obtain a PI license in Poland, as stated above, the permission is granted by FSC. The permit specifies the types of activities permitted to its owner. If the payment organization intends to change the type of activity, it must submit an application for changes to the permit.

Proceedings by the FSC are closed within three months of the submission of a complete petition. The only exception is the situation of submitting an application for an activity permit. A.2.e. above (acquisition) if the FSC must obtain an opinion from the NBP before granting permission (the opinion is not binding on the FSC). The period for obtaining the opinion of the NBP is not included in the three-month period reserved for proceedings conducted by the FSC.

Requirements for PI license in Poland 

Manpower

The number of local staff and management obligatory is not clearly defined, but is instead described as sufficient to provide quality services and implement the proposed business plan.

Administration

Management should cover the following functions:

  • AML;
  • conformity;
  • Risk government;
  • Finance and accounting;
  • Technical part, including cyber security;
  • Commercial part (sales, marketing and business development).

Initial capital demands

The company must prove that its initial capital is at least 125,000 euros.

Infrastructure

After receiving the PI in Poland license for sale, the company has 6 months to launch the infrastructure and start operations

Documents that should be prepared to set up payment institution in Poland 

  • Documents confirming the availability of funds allocated as “own funds”

Also, documents that allow to assess whether: 

  • the applicant company, 
  • the management 
  • the main shareholders guarantee stable and prudent management of the payment institution, in particular data on, among others:
    • necessary education
    • required professional experience 
    • any criminal records
    • criminal proceedings have been opened
    • significant financial obligations
    • personal or corporate connections
    • bans on conducting commercial activities or performance of certain professions or functions
    • fulfillment of tax obligations
    • conducting commercial activities

Polish fintech market

From the sustainable development of the country to the payment habits of the population and the growing number of migrants in Poland and locals emigrating to other countries with a constant need for currency exchange, there  are some factors that make Poland an excellent market entry point for both B2B and B2C service providers.

The regulator takes a balanced stance – it carefully evaluates new companies, but does not create problems for those companies that look reliable and meet the demands.Our specialists will assist you in obtaining a license, setting up payment institutions, preparing documents, filling out forms, and assisting you in communicating with the regulator. You can contact us by clicking here, writing to us on social networks, by email, or by selecting the phone number of the country in which you are located.

You can see our current offers in the categories “Cryptocoins and licensing of cryptocurrency operations”, “Ready-made companies”, “Banks for sale” and “Licenses for sale”.

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