Obtaining crypto licenses, white label consulting,
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for crypto projects, DAOs, and gamify projects
The European market remains highly attractive for crypto companies, driven by strong demand, broad business opportunities, and access to a sophisticated customer base. The implementation of the pan-European Markets in Crypto-Assets Regulation (MiCA) has unified the regulatory framework for Crypto-Asset Service Providers (CASP), introducing consistent standards across all EU member states. Although the regulatory landscape has, in certain aspects, become more demanding compared to previous national regimes, it now enables companies to operate legally across all 27 EU countries through a single license, benefiting from passporting throughout the Union.
Within this framework, Austria has emerged as a particularly appealing jurisdiction for obtaining a CASP license, supported by its strong regulatory reputation, high business standards, and the ability to conduct operations in a transparent and well-regarded environment.
Austria and MiCA: Regulatory Context
As a member of the European Union, Austria aligns its regulatory framework with EU-wide standards, including those applicable to crypto-assets. Through the implementation of MiCA at the national level via the Rechtsvorschrift für MiCA-Verordnung-Vollzugsgesetz, the country now operates fully within the new regime, providing greater legal certainty, clearer procedures, and a more structured environment for market participants.
The regulator consistently refers to the pan-European principle of “same activity, same risk, same rules,” highlighting a harmonised supervisory approach across the EU. In practice, the framework focuses on ensuring that companies meet requirements related to capital adequacy, internal governance, compliance systems, and AML/CFT procedures, which remain central to regulatory oversight in Austria.
MiCA also introduces detailed rules governing ICOs, including obligations tied to the classification of the asset, risk management, investor rights, and disclosure standards. Where a crypto-asset qualifies as a financial instrument, the applicable regime shifts to securities regulation, meaning MiFID II will apply, in line with the approach taken across other EU jurisdictions.
Overall, Austria’s regulatory landscape in 2026 reflects a harmonised EU approach, with the national authority responsible for implementation and supervision, ensuring that innovation develops alongside robust market safeguards.
What Is a CASP License in Austria
The CASP License in Austria is an authorization issued by the local regulator, the Finanzmarktaufsicht (FMA), allowing companies to carry out activities involving crypto assets, including exchange, custody, transfer, operation of trading platforms, and related services.
Operating without such authorization is not permitted, and businesses cannot legally provide regulated services unless properly licensed. The FMA maintains active supervision over the market and is prepared to take enforcement action against non-compliant entities. For companies holding a Cryptocurrency Licence in Austria, a central aspect of their operations is adherence to strict requirements related to governance, internal controls, management, and day-to-day activities. These obligations are primarily designed to safeguard end users, particularly given the inherently high-risk nature of crypto assets and related transactions.
Austria has fully implemented the pan-European MiCA framework, meaning that a Crypto Licence in Austria aligns with EU-wide regulatory standards. As a result, licensed companies can operate not only domestically but also across other EU member states through the passporting mechanism.
Holding an Austrian crypto license is generally viewed as a strong signal of credibility, reflecting compliance with rigorous regulatory standards and a commitment to transparent and professional business practices, which enhances trust among clients, partners, and investors.
Quick Facts: Austria CASP License
| Category | Details |
|---|---|
| Supervisory Authority | Finanzmarktaufsicht (FMA) |
| Applicable from (end of grandfathering period): | December 31, 2025 |
| Passporting Rights | Yes - EU/EEA passporting after authorization |
| Legal Entity Requirement | GmbH (Gesellschaft mit beschränkter Haftung) |
| Language of application: | German/English |
| Physical Presence (Substance) | Required - effective management and operational presence in the Netherlands |
| Minimum Capital Requirement | €50,000 – €150,000 depending on services provided |
| Management Requirements | At least one EU resident director who meets the fit-and-proper requirements of the AFM |
| Timeframe (Average) | 8-10 months (depending on completeness and AFM feedback rounds) |
CASP Activities and License Classes in Austria
The MiCA Regulation has established uniform rules for all applicants, and countries adhere to them in their own regulations.
Austria has a generally accepted approach to defining classes and applicable requirements.
In accordance with ANNEX IV MINIMUM CAPITAL REQUIREMENTS FOR CRYPTO-ASSET SERVICE PROVIDERS in MiCA, the following CASP classes have been adopted according to the types of activities and capital requirements, respectively:
| Crypto-asset service providers | Type of crypto-asset services | Minimum capital requirements (under Article 67(1), point (a) of MiCA) |
|---|---|---|
| Class 1 | Crypto-asset service provider authorised for the following crypto-asset services:
- execution of orders on behalf of clients; - placing of crypto-assets; - providing transfer services for crypto-assets on behalf of clients; - reception and transmission of orders for crypto-assets on behalf of clients; - providing advice on crypto-assets; and/or - providing portfolio management on crypto-assets. | EUR 50 000 |
| Class 2 | Crypto-asset service provider authorised for any crypto-asset services under class 1 and:
- providing custody and administration of crypto-assets on behalf of clients; - exchange of crypto-assets for funds; and/or - exchange of crypto-assets for other crypto-assets. | EUR 125 000 |
| Class 3 | Crypto-asset service provider authorised for any crypto-asset services under class 2 and:
- operation of a trading platform for crypto-assets. | EUR 150 000 |
CASP License Requirements in Austria
The introduction of MiCA has fundamentally reshaped the regulatory landscape, establishing a unified framework for crypto businesses across Europe. The MiCA Licence in Austria follows this harmonised approach and introduces a set of substantial requirements for market participants. Companies must establish a local legal entity, typically a GmbH (Gesellschaft mit beschränkter Haftung), which is genuinely managed and operated from Austria. Capital requirements, generally ranging from €50,000 to €150,000, depend on the specific services provided.
A key element of the regime is the expectation of qualified management. At least one director should be based in Austria, and regulators often expect a broader local presence depending on the scale of operations. Management must meet strict fit-and-proper criteria, including relevant experience, professional competence, and a clean legal and reputational record.
The requirement for a physical office further reinforces substance expectations, with premises expected to reflect the nature and size of the business. In parallel, strong emphasis is placed on AML compliance, including transaction monitoring and the collection of customer data, in line with the EU’s broader objective of combating financial crime.
Step-by-Step: CASP Application Process in Austria (MiCA)
As in other EU jurisdictions, the CASP Licence Application in Austria is submitted to the competent authority, the FMA, and must fully comply with the regulator’s formal requirements, as well as its guidance and expectations.
Once the application is filed, the FMA confirms receipt within five business days, after which the review process begins. Within approximately 25 business days, the regulator conducts a completeness check. If any documents or information are missing, the application is deemed incomplete, and the FMA issues a formal request specifying what must be provided, along with a deadline determined on a case-by-case basis. Failure to respond adequately may result in the application not being processed further.
After all required materials are submitted, the FMA confirms that the application is complete and proceeds to the substantive assessment phase, while retaining the right to request additional information during the process. This stage typically takes between 40 and 60 business days, although in practice it may extend further depending on complexity.
Following the assessment, the FMA will either grant the CASP license or reject the application, notifying the applicant of its decision within five business days.
Taxation and CARF Reporting for CASPs in Austria
In Austria, the taxation of businesses holding a CASP license is part of the general corporate tax regime. Crypto companies do not enjoy any special preferences or exemptions; the standard corporate income tax (CIT) rate (Körperschaftsteuer) of 23% applies to them.
It should also be noted that there is a minimum CIT amount, which for a GmbH is generally EUR 125 for each full quarter of the year, amounting to EUR 500 per year.
At the shareholder level, profit distributions are usually subject to withholding tax (WHT) of 23% for corporations and 27.5% for other recipients.
An important development for CASPs is the adoption in the EU and implementation in Austria of the Crypto-Asset Reporting Framework (CARF). For regulated businesses, this entails an obligation to collect, verify, and transmit information about client transactions to tax authorities (including user identification data, transaction volumes, asset types, etc.). This can be implemented as part of AML/KYC procedures and makes CASP operators an integral part of the tax transparency system.
What Usually Delays CASP Licensing in Austria
As we have noted on several occasions, the FMA is a rather strict and meticulous regulator. On the one hand, this indicates that a business that has passed the inspection and obtained a CASP License in Austria fully complies with the requirements; on the other hand, it requires attention to every detail and nuance.
All specific requirements, rules, and approaches applicable to the applicant must comply with MiCA regulations and the FMA’s guidelines. Particular attention is paid not only to documents and policies and their implementation, but also to compliance requirements for management and owners. If the FMA expects information about the UBO to be disclosed in a clear, understandable, and consistent manner, then every effort must be made to meet those expectations.
Clients often assume they can fully address one aspect (such as the legal component) while turning a blind eye to others (other documents or technical implementation), but this approach will not work in Austria.
The FMA is transparent about its expectations, which means the regulator will scrutinize every aspect of the business in detail and will be strict. All of this is aimed at protecting end customers, combating money laundering, and ensuring stability and predictability.
A comprehensive and well-thought-out set of documents, full compliance with substance requirements, a strong technical component, disclosure of information about managers and owners, as well as their compliance, make your application for an Obtaining CASP Licence in Austria a clear step toward obtaining the desired license, and we at SBSB know how to guide you through this process from start to finish until you begin operating in the crypto market.
Choosing a MiCA CASP Jurisdiction: Austria vs Malta vs Netherlands
With the introduction of a unified regulatory framework under MiCA, many crypto businesses face challenges in determining the most suitable starting point for obtaining a CASP license within the EU. In practice, companies often look for simplicity, speed, clarity, or cost-efficiency. However, MiCA licensing is not designed as a quick or low-cost solution — it is fundamentally about building a scalable, compliant business model, which makes professional guidance essential.
When considering MiCA licensing in Austria, it is important to understand that the country generally follows a more conservative, “banking-style” approach to application review. The FMA is known for its transparent and structured processes, but it places strong emphasis on ensuring that applicants fully meet all regulatory expectations. This includes demonstrating experienced management, well-developed financial projections, reliable systems, and robust client protection measures.
Compared to Malta, where the process may be faster and somewhat more flexible, Austria stands out due to its strong regulatory reputation. Market participants often perceive a company holding a CASP License in Austria as a well-established and credible business. In this respect, Austria is closer to the Netherlands, where regulators are similarly rigorous, often involving multiple supervisory authorities and maintaining a highly detailed assessment process.
Ultimately, selecting the right jurisdiction for a CASP license in the EU depends on a range of factors specific to each business. SBSB Fintech Lawyers can help identify the most suitable solution tailored to your needs.
Is Austria the right MiCA CASP jurisdiction for your business?
Choosing Austria as a jurisdiction for obtaining a CASP license under MiCA largely depends on the company’s business model, strategic objectives, and target audience. Austria offers a high degree of regulatory certainty and market credibility, with the FMA recognized for its structured, consistent, and well-reasoned supervisory approach. This makes the jurisdiction particularly attractive for businesses targeting institutional clients, valuing reputation, and planning a long-term presence within the EU.
At the same time, the FMA’s detailed and rigorous review process means that licensing can be more time-consuming, formalized, and demanding. As a result, early-stage projects and startups less frequently select Austria due to the relatively high entry threshold. Instead, the jurisdiction is better suited for mature crypto businesses prepared to operate within a strict regulatory environment where stability, strong governance, and proven experience are essential.
There is no universal solution when selecting a MiCA jurisdiction. The SBSB Fintech Lawyers team approaches each case individually, helping clients identify the most suitable strategy based on their specific goals and operational needs.
Obtaining a CASP Licensing in Austria with SBSB Fintech Lawyers
SBSB Fintech Lawyers applies a comprehensive and flexible approach to addressing the needs of its clients, ensuring full support at every stage of the process. With a clear strategy, structured planning, and a focus on achieving business objectives, our team takes all necessary steps to support clients in obtaining a CASP license in Austria.
The process begins with a detailed analysis of your business model and the activities you intend to carry out. Based on this, we identify the most effective strategy, determine the applicable regulatory framework, and define the optimal approach for licensing.
After receiving the required documentation, our team simultaneously develops all necessary internal policies, agreements, and compliance frameworks. In parallel, we assist with company incorporation, bank account opening, and, where needed, support the recruitment of qualified personnel meeting FMA requirements, as well as office selection and lease review. Through our trusted partners, we can also facilitate the development of IT infrastructure and ensure technical compliance alongside legal readiness.
Once the full application package is prepared, we provide it for your review before submitting it to the regulator. Throughout the process, we offer continuous support and guidance ensuring that you successfully obtain the license and can operate in Austria and across the EU in a compliant, transparent, and trusted manner.
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