Investors who open a cryptocurrency company in Belgium have access to a dynamic and evolving business field, as cryptocurrencies, or digital currencies, have grown in popularity due to their level of security and anonymity.
Starting a company in the cryptocurrency industry will make it mandatory for investors to be up-to-date with the latest legal changes and policies that could influence the use of digital currencies. Our team of attorneys in Belgium can help you understand the current laws for these types of activities.
| Quick Facts | |
|---|---|
| Cryptocurrency seen as legal tender (Yes/No) | No |
| Local regulatory agency | The Financial Services and Markets Authority (FSMA) |
| Special licenses for those who open a cryptocurrency company in Belgium | As per the FSMA rues and EU rules in some cases |
| Special licenses for crypto exchanges in Belgium | Registration with the FSMA as a Crypto Asset Service Provider |
| Anti-money laundering rules | The Anti-Money Laundering Law of 11 January 1993 |
| Special requirements for investors who open a cryptocurrency company in Belgium | Observe the FSMA requirements and any other regulations or circulars issued by the National Bank of Belgium. |
| Residency requirements for investors | Not applicable |
| Types of companies used by those who open a cryptocurrency company in Belgium | Limited liability company (SRL) and Corporation (SA) |
| Minimum capital for a cryptocurrency company in Belgium | 61,500 euros for the SA |
| Minimum number of shareholders | 1 for the SRL |
| Minimum number of directors | 1 in the case of the SRL, more for the SA |
| Business license | CASP or VASP |
| Mandatory requirements for the cryptocurrency company | Compliance with anti-money laundering rules, other regulations and licensing. |
| Cryptocurrency company taxation | 0.25 |
| Reasons to open a cryptocurrency company in Belgium | Access to the large and uniform EU market and no restrictions on foreign ownership. |
Table of Contents
Opening a crypto company in Belgium
All types of companies in Belgium, including those that are involved in the blockchain and cryptocurrency business, must be registered with the Crossroads Bank for Enterprises. However, before this can take place, entrepreneurs will follow several steps listed below by the experts at our law firm in Belgium:
- Select the business form: to open a cryptocurrency company in Belgium, the two most commonly used business forms are the private and the public limited company;
- Choose a company name: the new crypto company is required to have an original name, one that does not infringe the ones that are already in use;
- Decide on the company’s particulars: these are the shareholding structure, its directors, and the company’s registered office (must be based in Belgium);
- Prepare the incorporation documents: the Memorandum and the Articles of Association are the required constitutive documents. Additionally, founders also submit supporting documents.
You can find more details in the infographic below:
Entrepreneurs who want to open a cryptocurrency company in Belgium in the form of a private limited company can read our guide in the BVBA company.
Crypto or VASP companies in Belgium will be subject to tax at the following rates:
- 25% corporate income tax;
- 21% standard VAT, with reduced rates of 0%, 6%, and 12%;
- 25% of the gross salary for white-collar employees – the social security contributions submitted by the employer.
Working with an accountant is required in Belgium, and crypto companies are no exception.
We invite you to watch the following video on opening a cryptocurrency company in Belgium:
Cryptocurrency regulations in Belgium
The Belgian Financial Services and Markets Authority is the regulatory body for all types of financial services. Crypto Asset Service Providers or Virtual Asset Service Providers (sometimes referred to as a VASP in Belgium) fall under specific rules.
Investors who open a cryptocurrency company in Belgium should know that, starting with the end of December 2024, the European Markets in Crypto Assets Regulation (MiCA) applies to all EU Member States in which these types of companies operate.
Because it is an EU regulation, the MiCA does not have to be included into national law. Our Belgian lawyers briefly outline some of its relevant provisions below:
- The law covers public offerings to the public made by crypto companies. These can refer to token trading and the provision of crypto-asset services;
- Under the MiCA rules, the Financial Services and Markets Authority (FSMA) will be able to grant registration;
- The new regime is focused on investor protection. Our lawyers in Belgium can give you more details if you are an investor interested in these provisions.
Non-Belgian companies (those that are incorporated in another Member State and are subject to the laws applicable in that country) can still continue their operations in Belgium, provided that:
- They were already doing business in Belgium on December 30, 2024 (even if they were not locally-incorporated companies);
- They can engage in crypto-specific activities via a national authorization issued in their country of origin.
Entrepreneurs who are concerned about the legal aspects of using digital currencies can talk to one of our Belgian lawyers.
Contact our Belgian law firm for more detailed information related to the formation of companies and the laws for investors who want to start a business here. Our team can also help you set up a business in Belgium.