Obtaining crypto licenses, white label consulting,
ICO/STO, supporting NFT marketplaces, drafting policies
for crypto projects, DAOs, and gamify projects
The introduction of the Markets in Crypto-Assets Regulation (MiCA) single framework in the European Union in 2023 has slowly but surely changed the regulatory landscape for crypto companies. The Crypto-Asset Service Provider (CASP) license has become the single form for union members, and previous country licenses must be replaced with the single CASP form. With the disappearance of regulatory ambiguities, crypto companies have lost some of their freedom, but gained clearer, albeit stricter, rules.
The Netherlands has become one of the countries that not only coped with the implementation of MiCAR without any particular difficulties, but also became a jurisdiction that opens up opportunities for modern crypto businesses to operate confidently, transparently, and respectably.
Netherlands CASP License – Quick Facts
| Category | Details |
|---|---|
| Supervisory Authority | Autoriteit Financiële Markten (AFM) |
| Applicable from (end of grandfathering period): | June 30, 2025 |
| Passporting Rights | Yes - EU/EEA passporting after authorization |
| Legal Entity Requirement | Dutch BV (besloten vennootschap) - equivalent to the private limited company + custody foundation |
| Language of application: | 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) |
What Is a Netherlands CASP License?
A Netherlands CASP license is an authorization granted under the EU Markets in Crypto-Assets Regulation (MiCA) that allows a company to legally provide crypto-asset services from the Netherlands. It is issued by the Dutch Authority for the Financial Markets (AFM) and applies to businesses such as crypto exchanges, custody providers, brokers, trading platforms, and firms executing orders in crypto-assets.
This license ensures that a company meets strict regulatory standards, including capital requirements, governance structure, risk management, AML/CFT compliance, safeguarding of client assets, and transparency obligations. Once it gets the green light, Dutch CASP can use a special passporting regime and offer its services across the European Union and the EEA without needing to get separate national licenses. All it needs to do is contact the regulator in the desired country and provide it with full information about the license it has already obtained. The regulator will verify this information and the company will be able to operate. This is a significant advantage of MiCA’s implementation in the EU, as now a single license can be used in different countries and be recognized by the local regulator.
Obtaining a Netherlands CASP license demonstrates regulatory credibility, strengthens client trust, and provides access to one of the most stable and reputable financial jurisdictions within the EU.
CASP License Classes and Capital Requirements
The MiCA Regulation has established uniform rules for all applicants, and countries adhere to them in their own regulations.
The Netherlands 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 |
Netherlands CASP License Requirements
Since MiCA has introduced uniform rules that countries must now comply with, the requirements in the Netherlands do not differ significantly from those set out in the regulation. The Netherlands has simply transposed this information into local legislation.
In order to apply for a CASP License in the Netherlands, you must first establish a company in a country with effective local management. Separately, since BV cannot keep its own funds separate from client funds (as this is considered unsafe), a custody foundation must be established. A formal definition of the company’s presence will not be sufficient for the regulator; decision-making, daily operations, and compliance monitoring must take place from the Netherlands.
When it comes to the office, it is not necessary to have an entire building, but several separate rooms for local staff to work in will be required. The regulator must be provided with documents proving ownership of the office or a lease agreement. At its discretion, the AFM may visit and inspect the premises and staff.
In addition to the above requirements for the authorized capital that must be maintained, realistic financial forecasts for the company that demonstrate sustainable development are equally important.
The AFM will verify that the company’s management and owners meet the requirements.
The company must have at least one EU resident director. As a general rule, the regulator considers it sufficient to have three persons permanently residing in the Netherlands. All company management must have relevant experience, a clean criminal record, and meet financial integrity requirements. It is important to note that the De Nederlandsche Bank (DNB) will also check all persons who have more than 10% ownership in the company for compliance with their established requirements.
The company must also have a clear structure, a clear distribution of roles, a decision-making structure, and internal reporting. Risk management systems must also be established, including monitoring and identification, prevention of negative scenarios, mitigation of impact, and recovery capabilities.
Equally important is the establishment of a system to combat money laundering and terrorist financing (clear description of policies and procedures, as well as their implementation), and customer verification procedures. At the same time, the company must implement data security measures and IT controls with incident response procedures. The company must also have clear and transparent systems for interaction and control with third-party suppliers.
Netherlands CASP License Application Process
Obtaining a CASP License in the Netherlands is subject to clear rules and steps established by the AFM. It should be noted that the regulator is open to new applicants, and before submitting the license application itself, you should contact them to conduct a pre-scan process.
For preliminary screening, the applicant must send a letter to the official AFM email address, and an hour-long online meeting will be scheduled. Before the meeting, the company must send answers to the questions published by the regulator. At the meeting, AFM representatives will discuss with the applicant the important points and aspects that need to be strengthened for the application to be successful.
It is worth noting that the Netherlands is one of the few countries that is so open to applicants and interested in working together.
The application for a MiCA Licence in the Netherlands is submitted by email. Within 5 working days, the AFM must confirm receipt of the application and begin processing it. First, the application is checked for completeness, which takes up to 25 working days. If the AFM finds that information is missing, a request will be sent to the applicant and a deadline for submission will be set (from 5 to 20 business days). It is important to understand that the AFM may refuse to consider the application if, after the request, the application is still incomplete.
This is followed by an assessment period. The AFM must notify the applicant that the application is complete, after which the assessment period (40 working days) begins. The AFM may request additional information within 20 working days. At the end of the specified period, the AFM decides whether to grant or refuse the license and notifies the applicant within five working days.
During the assessment period, the applicant is expected to have 1 to 3 supervisory meetings with the AFM.
In general, the period is approximately 105 working days, but in practice, processing the application takes longer. On its website, the AFM describes the application processing procedure as follows:
How Much Does a Netherlands CASP License Cost?
CASP license applications in the Netherlands are processed by the authorized regulator AFM. The price of such processing depends on the number of hours that the regulator’s specialists will spend on processing information and documents. According to official information from the AFM, the cost of one hour is €200, but the total fee cannot exceed €100,000. The suitability (fitness) assessment of personnel involved in management is calculated separately: €2,900 per person; properness assessment €700 per person. In practice, on average, processing a license by the regulator can cost €40-50k (the invoice will be issued after the application has been processed).
It is important to understand that obtaining a CASP License in the Netherlands is a process that consists of many stages and steps. From the very beginning, it is necessary to establish a presence in the country (form a company, rent an office, find suitable employees with knowledge and experience), after which it is equally important to prepare a complete and comprehensive package of documents. The documents must take into account many nuances that depend on the specifics of the business and the activities to be carried out. An important aspect is bringing the company’s IT systems into compliance, which often requires the involvement of providers and partners to ensure that the business complies with the established general MiCA and local AFM regulator requirements.
The cost of obtaining a Cryptocurrency License in the Netherlands will be offset by the broad functionality of the license and the advanced European market where your business will be able to operate.
Netherlands CASP License Cost Breakdown
A business that wants to obtain a CASP License in the Netherlands must calculate its costs.
It all starts with creating a clear structure, forming a company and a fund (which can cost an average of €10,000).
Next, if the company does not have the appropriate personnel, it will be necessary to engage a recruitment agency to find suitable people. After that, the necessary personnel must be hired by the company and paid a salary (on average, the salary for a local director is €100,000 per year, and for an AML officer, €60,000-90,000 per year). The services of other employees must also be paid for.
In addition, legal work will begin on the development of all necessary documents in accordance with European and Danish regulations.
We must not forget about the development or adaptation of the technical component to European regulations, which must ensure adequate protection of user assets along with the collection of relevant information about the recipient and sender.
And that’s not all, because you will also have to pay for the services of related professionals, such as accountants or auditors.
Don’t forget about the statutory capital contribution and the license application fee.
It is important to understand that all related costs are ultimately justified by the broad functionality of the Cryptocurrency License in the Netherlands and access to the EU market.
Timeline: How Long Does It Take in Practice?
So, with MiCAR in the Netherlands operating at full capacity, crypto businesses are increasingly interested in obtaining their CASP license. The process of applying for a CASP license in the Netherlands may actually take longer than it seems. It is important that the applicant not only completes the application, but also brings their business into full compliance with the licensing requirements (as we mentioned earlier, these are requirements for substance in the Netherlands, compliance of managers, the existence of clearly developed technical procedures, and others).
It will all start with the creation of a local company (BV) with the relevant statutory documents. This will require the involvement of local Dutch authorities. At the same time, SBSB will begin to develop the necessary complete list of documents depending on the business model. It will also be necessary to find and organize a local office. An equally important step will be the selection of employees (if the business does not have any) and their verification for compliance with the requirements set by the AFM, the development of policies and measures to combat money laundering and terrorist financing, and so on. A separate major block is technical compliance (in particular, compliance with the requirements of the Digital Operational Resilience Act (DORA)).
In other words, before submitting an application, it is important to prepare thoroughly and create conditions and processes within the business that fully comply with regulatory requirements. Even with several processes running in parallel, the entire licensing process takes approximately 8 months. Other forecasts may suggest 10-16 months, depending on the case and the complexity of the business model. With the support of the SBSB team, the AFM will have no doubts about issuing you a CASP license!
Tax Considerations for Netherlands CASPs
Corporate income tax (CIT) in the Netherlands applies to companies that hold a CASP license (no special tax benefits or exemptions related to the license apply to companies). For profits up to €200,000, a rate of 19% applies, and for all other profits, a rate of 25.8% applies.The tax applies to the annual profit earned by the company worldwide.
It should also be noted that value added tax (VAT) may apply to certain services (e.g., consulting). It should be understood that even if a company has a CASP license, it is not exempt from tax obligations; it all depends on the type of services provided.
In addition, it should be noted that the Netherlands has an extensive network of double taxation treaties with other countries, which means that dividend payments may be exempt from taxation in the Netherlands.
Netherlands vs Other EU Jurisdictions – CASP License Comparison
Netherlands vs Malta
It is important to note that although the Netherlands has issued a significant number of CASP licenses in Europe to date, regulation remains challenging. It is important to note that crypto regulation was already in place in the country prior to MiCA, and the DNB issued local licenses. The Netherlands is known for its serious approach and requirements for a strong local presence, as the country has a high regulatory reputation. As for Malta, the country also had crypto regulations in place before the MiCA era, but the regulator is considered to be more flexible and adaptive compared to the Dutch one.
In other words, it is important to understand that MiCA introduces general rules that are the same for all countries, but the approaches of regulators may differ.
Netherlands vs Germany
When talking about these two countries, it is important to mention the similarity in their approach to reviewing applications. Currently, the German regulator (BaFin) has issued many licenses, but in practice it can be very conservative, and its approach is very similar to that of a bank. The applicant company must perfectly meet the requirements, especially in terms of IT security, internal control, and management. The application review process can be even longer than for a Danish application. In other words, the Netherlands strikes a balance between strictness and market flexibility, while Germany is one of the most demanding jurisdictions in the EU with the strictest approach, but also a high level of trust.
Netherlands vs Ireland
Like the Netherlands, Ireland already had experience with regulating crypto activities. Today, the Central Bank of Ireland is second to none in terms of the number of CASP licenses issued in the EU, but it is also considered a cautious and meticulous regulator, especially in the context of staff compliance, internal control, and risk management. On the other hand, Ireland attracts businesses thanks to its developed financial ecosystem and understandable English-speaking environment.
For a better understanding of which country is best suited to your business, please contact SBSB fintech lawyers. We will select the optimal solution based on your business goals, budget, market, and implementation. Every business is unique, and SBSB’s experience will be focused on your development!
CASP Licensing in the Netherlands with SBSB Fintech Lawyers
As we have already explored, the process of obtaining a Crypto License in the Netherlands requires detailed preparation, including the involvement of third-party professionals. The SBSB team of fintech lawyers has many years of experience in assisting with obtaining cryptocurrency licenses in European countries. Therefore, we will assist you throughout the entire process, from scratch, starting with establishing a company in the Netherlands, assisting in the selection of personnel and office space, developing and adapting the necessary documents, opening an account with payment institutions, and continuing through to the full launch of your business.
Our experience will benefit your business!
Official Sources & Primary Legislation
Frequently Asked Questions about the CASP License in the Netherlands under MiCA
What is a CASP license in the Netherlands?
A CASP (Crypto-Asset Service Provider) license is an authorization required under the EU MiCA Regulation for companies providing crypto-related services such as exchange, custody, transfer, execution of orders, or operation of trading platforms. In the Netherlands, the license is granted by the Authority for the Financial Markets (AFM).
Do I need a CASP license to operate a crypto exchange in the Netherlands?
Yes. Any company providing crypto-asset services to clients in the Netherlands or from the Netherlands to other EU countries must obtain a CASP authorization under MiCA, unless an exemption applies.
Can a Netherlands CASP license be passported across the EU?
Yes. Once authorized by the Dutch regulator (AFM), a CASP can passport its services throughout the European Union and European Economic Area without obtaining additional licenses in each member state. (it is only necessary to passport the existing license with the regulator in the desired country).
What are the minimum capital requirements for a Dutch CASP?
The minimum capital requirement ranges from €50,000 to €150,000 depending on the type of crypto services provided.
Is physical presence required in the Netherlands?
Yes. The company must have effective management and operational substance in the Netherlands. This includes local directors, governance arrangements, and the ability to demonstrate real decision-making within the country.
How long does it take to obtain a CASP license in the Netherlands?
The process typically takes between 8 and 10 months, depending on the quality of the application, complexity of the business model, and the number of regulatory feedback rounds from the AFM.
Get in touch with us
Daria Lysenko
Senior lawyer
Valeriia Kozel
Customer manager
Customer reviews
