Licensing and intellectual property
Crypto Licence in the Netherlands: MiCA CASP Authorisation from the AFM
Your services mapped to a class, the applicant company and its board in place, and a complete file with the AFM, prepared for the statutory procedure rather than a promised date.
- Licensing authority: the AFM, with DNB on prudential requirements
- Statutory period: about 5 months (105 working days), per the AFM
- Own funds from EUR 50,000 by class: own funds or insurance, not a deposit
- AFM fee: EUR 200 per hour, capped at EUR 100,000
MiCA authorisation for crypto businesses in the Netherlands
We prepare crypto businesses, often founded abroad, to provide crypto-asset services from the Netherlands. Since 30 December 2024 a provider needs a licence or notification from the AFM or another European supervisor (art. 59(1) MiCAR). The applicant is a Dutch company, and our company registration overview covers the BV itself.
The AFM licenses, and DNB assesses the prudential side inside the same procedure. The old DNB registration is gone: the Dutch transition ended on 30 June 2025. Foreign crypto brokers entering the Dutch market need the licence too, business.gov.nl states.
What's included
Seven pieces of work, from the first scoping call to the duties after the grant.
Scoping
Your services checked against the ten of art. 3(1)(16) MiCAR, the class under Annex IV, licence or notification, and the own-funds figure and its form.
The applicant company
A Dutch BV, the besloten vennootschap, incorporated by notarial deed (art. 2:175 BW) and registered at the KVK within one week (art. 20 Hrw 2007). We coordinate the notaris (civil-law notary).
Pre-scan preparation, if you want one
The deck answering the AFM's ten published questions, sent at least one working day before the one-hour online meeting. The feedback is general.
The application file
The AFM's eight-section form, the cover note, the checklist, the items art. 62(2) MiCAR lists, and a fit-and-proper file for every board member.
Filing and the procedure
Submission through Cryptshare, answers to the AFM's requests for information within the deadlines it sets, and preparation for the 1 to 3 supervisory meetings the AFM describes.
After the grant, where engaged
Passport notifications under art. 65 MiCAR, prior-consent filings for board changes, and notifications of material changes to the AFM.
Where our work stops
The AFM and DNB decide, with no outcome or date guaranteed. We do not supply directors, board members, the BV's address with this work, or the own funds (see which corporate services need a DNB trust licence).
Which class your crypto services fall into
The class sets the floor; the safeguard is the higher of that floor and one quarter of the preceding year's fixed overheads, reviewed annually (art. 67(1) MiCAR).
Class 1: EUR 50,000
Execution of orders, placing, transfer services, reception and transmission of orders, advice on crypto-assets and portfolio management (Annex IV MiCAR).
Class 2: EUR 125,000
Everything in Class 1, plus custody and administration for clients and the exchange of crypto-assets for funds or for other crypto-assets: the services of a crypto exchange.
Class 3: EUR 150,000
Everything in Class 2, plus operating a trading platform for crypto-assets. A first-year firm uses the projected fixed overheads filed with its application (art. 67(2)).
Already authorised elsewhere in finance
A credit institution, central securities depository, investment firm, market operator, e-money institution, UCITS management company or AIFM uses the art. 60 notification, not the licence.
How the licence application works
Eight steps, with the statutory or official timing where one exists.
Scoping
Your services, the class, licence or notification, and the safeguard figure and its form: own funds, insurance or both. Timing: no official time.
The applicant BV
Notarial deed, then KVK registration within one week at EUR 85.15 (2026). You appoint the board, with at least one director resident in the Union (art. 59(2) MiCAR). Timing: one week to register.
Pre-scan, optional
Requested by email to the AFM, then a one-hour online meeting, with the deck sent at least one working day ahead and general feedback (AFM, the CASP pre-scan). Timing: 1-hour meeting.
The file
The eight-section form, cover note, checklist, the art. 62(2) items, a fit-and-proper file per board member and qualifying-holder evidence. Timing: no official time.
Filing
Through Cryptshare to the AFM, which acknowledges receipt (art. 63(1) MiCAR). Timing: 5 working days.
Completeness check
Missing items are requested with a deadline of 5 to 20 working days; an application still incomplete after it may be refused review (art. 63(2), (3)). Timing: 25 working days.
Assessment
DNB assesses the prudential requirements and qualifying holdings, over about 1 to 3 supervisory meetings. One further-information request by the 20th working day suspends the period for at most 20 working days (art. 63(9), (12)). Timing: 40 working days.
Decision
A reasoned grant or refusal; ESMA is informed within two working days of a grant, and the firm enters the AFM register (art. 63(9), (13)). The AFM expects at least five months even in the best case (AFM, the CASP licence). Timing: about 5 months in all (AFM).
Statutory period, MiCARAFM indication
- Filing and acknowledgementThrough Cryptshare to the AFM5 working days (art. 63(1))
- Completeness checkThe AFM25 working days (art. 63(2)) Deadline for missing items: 5 to 20 working days
- AssessmentThe AFM, with DNB on the prudential side40 working days One possible suspension, at most 20 working days (art. 63(12))
- DecisionA reasoned grant or refusal5 working days (art. 63(9)) About 5 months, 105 working days, in all; at least five months even in the best case (AFM)
Not sure which class your services fall into?
List the services you plan to offer; we reply with the class, the safeguard figure and the route, licence or notification.
What you will need to provide
What the AFM forms page and MiCAR expect in the file, for the company and for each person.
- The services you will provide and the markets where you will offer them
- Governance, internal controls, risk management, ICT documentation, DORA plans and business continuity
- AML/CFT, Sanctiewet (Sanctions Act) and TFR policies, with an updated SIRA
- Segregation of client funds and crypto-assets, complaints handling, service-specific policies
- Proof of the safeguard: own funds, an art. 67(5) insurance policy, or both
- For a first-year firm: projected fixed overheads for 12 months
- The applicant's own physical address and its LEI (art. 62(2) MiCAR)
- Per board member: appointment form, integrity screening, suitability matrix, CV, ID, job profile
- A criminal-records extract for anyone who lived outside the Netherlands in the last 8 years
- At least one director resident in the Union, appointed by you (art. 59(2))
Crypto licence requirements, fees and periods in 2026
The state charges and standing requirements, each with its code or article. The licensed BV's profit tax, 19% on profit up to EUR 200,000 and 25.8% above it in 2026 (KVK), is set out under netherlands corporate tax rate.
Crypto licence requirements, state fees and statutory periods in the Netherlands in 2026, from MiCAR, the one-off charges regulation and the AFM pages named in each row; checked in October 2026.
| Item | Rule or figure | Source |
|---|---|---|
| Who needs authorisation | Anyone providing one of the ten crypto-asset services, since 30 December 2024 | Art. 59(1) MiCAR; AFM |
| Prudential safeguard | Class 1 EUR 50,000 · Class 2 EUR 125,000 · Class 3 EUR 150,000, or one quarter of fixed overheads if higher; own funds, insurance or guarantee | Annex IV, art. 67(1) and (4) MiCAR |
| Seat and management | Registered office in a Member State, effective management in the Union, at least one director resident in the Union | Art. 59(2) MiCAR |
| AFM fee, licence (notification) | EUR 200 per hour, maximum EUR 100,000 (notification: maximum EUR 50,000) | EU.A1.08, EU.A3.08, one-off supervision charges regulation |
| Board member tests, each | EUR 700 reliability plus EUR 2,900 suitability; EUR 1,500 or EUR 500 for a person DNB tested under chapter 3A Wwft | EU.A8.08 to EU.A8.11, BWBR0041647 |
| Qualifying holders | DNB repute test EUR 1,700 per holder; later acquisition EUR 2,400 | EU.D1.06, EU.D1.07, BWBR0041647 |
| VAT and annual levy | AFM one-off charges and the annual levy carry no VAT; the levy is set yearly by the ministers | AFM tariff and costs pages |
| Applicant BV | Notarial deed; KVK registration within one week, EUR 85.15 | Art. 2:175 BW; art. 20 Hrw 2007; art. 5 Financiële regeling handelsregister 2019 |
| Statutory periods | Acknowledgement 5, completeness 25, assessment 40, decision 5 working days; about 5 months (105 working days) in all | Art. 63(1), (2), (9) MiCAR; AFM |
| After the grant | Unused for 12 months: withdrawal; passport start at the latest on the 15th calendar day; board change review 4 months, up to 6 | Art. 64(1), art. 65 MiCAR; AFM, notification duties for CASPs |
Problems we solve
Five things crypto founders are told, and what the rules say.
- "We were told to deposit the capital."
No deposit is required: the safeguard may be own funds, an insurance policy or comparable guarantee, or a combination, and one quarter of fixed overheads may be the binding figure (art. 67(1), (4) MiCAR).
- "We were told a director must live in the Netherlands, and were offered one."
The rule is one director resident in the Union (art. 59(2)). A director supplied for a client is a trust service needing a Dutch trust office licence (Wtt 2018 art. 1 limb a, art. 3(4)(a)); read what substance a Dutch BV needs instead of a nominee.
- "We were registered with DNB before MiCA."
The Dutch transition ended on 30 June 2025 (art. IV(1) BWBR0050680) and the old register lapsed, as the AFM crypto register page confirms. Only the licence or the notification remains.
- "Can we launch and take clients while we wait?"
No. Unauthorised services are an economic offence (Stb. 2024, 415, in force 4 February 2025); the AFM may prohibit the services and the advertising (art. 1:77n Wft), and art. 59(5) MiCAR bans names suggesting CASP status.
- "Our shareholders are outside the EU."
DNB tests each qualifying holder's repute, EUR 1,700 (EU.D1.06); a later acquisition is assessed separately, EUR 2,400 (EU.D1.07). No nationality rule for shareholders appears in the texts we rely on. See a Netherlands holding company and when a UBO change has to be filed with the KVK.
Is your board ready for the fit-and-proper test?
Send the names and roles of your board and qualifying holders; we reply with the file each person needs and the tests charged.
Why work with us
We map the services to a class before drafting, cost the safeguard both as own funds and as insurance, build a fit-and-proper file per board member with any foreign criminal-records extract, and answer the AFM's requests inside its deadlines, alongside the notaris, the KVK, the AFM and DNB.
Ilse Brouwer, tax, VAT and licensing lead, Amsterdam; Dutch, English and French. She assembles AFM and DNB licence files.
Related services
- Payment servicesThe DNB licence for payment services, a separate regime from MiCA.
- Your trading nameProtecting the name the business will trade under: .
- Tax registrationsThe applicant BV's own tax registrations are a separate service: .
- Taking over an existing BVBuyer-side help when an existing BV changes hands by notarial share transfer.
Frequently Asked Questions
Do I have to deposit EUR 50,000, EUR 125,000 or EUR 150,000 to get a crypto licence?
No. MiCAR asks for a prudential safeguard, not a deposit: own funds, an insurance policy or comparable guarantee, or a combination of them (art. 67(4) MiCAR). The figure is the class floor or one quarter of the preceding year's fixed overheads, whichever is higher, reviewed annually (art. 67(1)).
Does a director have to live in the Netherlands, and can you provide one?
MiCAR requires at least one director resident in the Union, not in the Netherlands (art. 59(2)), and you appoint that person. We do not supply directors or board members: acting as director for a client is a trust service under art. 1 Wtt 2018, and it needs a DNB licence.
Why can nobody tell me the total AFM fee in advance?
Because the fee is hourly. The AFM charges EUR 200 for every hour it works on the application, up to EUR 100,000 (code EU.A1.08 of the one-off charges regulation), and the hours are not known until the work is done. The tests of board members and qualifying holders are charged on top.
We were registered with DNB as a crypto provider before MiCA. Do we still need a licence?
Yes. Providers registered under the old Wwft regime could continue up to and including 30 June 2025 (art. IV(1) BWBR0050680), and the AFM confirms that the transitional regime has ended and the old register has lapsed. The only routes now are the MiCAR licence or, for already-authorised firms, the notification.
Can we start or advertise our crypto service while the application is pending?
No. Providing crypto-asset services without authorisation has been an economic offence under Dutch law since 4 February 2025, and the AFM may prohibit both the services and the advertising (art. 1:77n Wft). Art. 59(5) MiCAR also bars a firm that is not a CASP from using a name or marketing that suggests it is one.
How much is a crypto licence in the Netherlands?
On the state side: EUR 200 per AFM hour up to EUR 100,000, EUR 700 and EUR 2,900 per board member tested, and EUR 1,700 per qualifying holder tested by DNB, all without VAT, plus an annual supervision levy set each year. Own funds are a standing requirement, not a fee. Our fee is on request.
How long does an AFM CASP licence take?
The AFM puts the total statutory period at a maximum of around 5 months, 105 working days, and says it takes at least five months even in the best case, often longer when the applicant has to make changes. Within that, MiCAR allows 25 working days for the completeness check and 40 for the assessment.
How do I get a crypto exchange licence in the Netherlands?
Exchanging crypto-assets for funds or for other crypto-assets is a Class 2 service, and operating a trading platform is Class 3 (Annex IV MiCAR). The licence is applied for at the AFM under art. 63: the file through Cryptshare, the completeness check, the assessment with DNB on the prudential side, then the decision.
Which class of CASP licence do I need?
The class follows the services, as Annex IV MiCAR maps them: Class 1 (EUR 50,000) covers orders, placing, transfers, advice and portfolio management; Class 2 (EUR 125,000) adds custody and exchange; Class 3 (EUR 150,000) adds operating a trading platform. Mapping your services against this list is the first step of our scoping.
What is the AFM pre-scan?
An optional one-hour online meeting with the AFM before the application is filed. It is requested by email, and a slide deck answering the AFM's ten published questions goes in at least one working day ahead. The AFM expects the MiCAR scope settled, a Dutch application certain and the preparation advanced. The feedback is general.
Can shareholders from outside the EU own a licensed CASP?
No nationality rule for shareholders appears in the texts we rely on. Each direct or indirect qualifying holder must show sufficiently good repute (art. 62(3) and 68(2) MiCAR), and DNB charges EUR 1,700 per holder tested (EU.D1.06). A later acquisition of a qualifying holding is a separate DNB assessment, at EUR 2,400.
Can I use a Dutch CASP licence in other EU countries?
Yes. A licensed CASP may provide services throughout the Union, by establishment or by free provision (art. 59(7) MiCAR), after an art. 65 notification to the AFM. The AFM forwards it within 10 working days, and services may start at the latest on the 15th calendar day after submission.
What must we report to the AFM after we are licensed?
Suspicious transaction and order reports (art. 92 MiCAR), Sanctiewet hits, TFR reports, DORA ICT incidents and material changes. A board change is notified in advance and made only after AFM consent; the AFM has 4 months, extendable to 6. Not reporting relevant facts can itself count as an antecedent.
Can the licence be withdrawn?
Yes. Under art. 64(1) MiCAR the grounds include an authorisation not used within 12 months, no services for nine consecutive months, authorisation obtained by irregular means, conditions no longer met, missing anti-money-laundering systems and a serious infringement. The own-funds safeguard also has to be held at all times.
Is crypto trading legal in the Netherlands?
This page covers what needs authorisation. Since 30 December 2024, anyone providing one of the ten crypto-asset services of art. 3(1)(16) MiCAR needs a licence or notification from the AFM or another European supervisor (art. 59(1)). Personal crypto taxation is a separate subject and is not covered on this page.
Request a CASP licence plan
Tell us the services you plan and who sits on the board; we settle the class, the safeguard and the board file before drafting. Pricing on request.