Crypto companies
The AFM is responsible for the supervision of crypto-asset service providers (CASPs). As of 30 December 2024, providers of crypto-asset services must have a license from the AFM, or another European supervision authority, in order to (continue to) offer these services.
For DNB-registered crypto companies, a license from the AFM or another European supervision authority is required as of 30 June 2025.
The AFM is the supervisor responsible for handling licence applications from crypto-asset service providers (CASPs, see Article 63 MiCAR) and notifications from other financial institutions (see Article 60 MiCAR). Market participants can submit CASP licence applications or notifications to the AFM from 22 April 2024. If approved, the licences or notifications can be used from 30 December 2024.
Apply for a permit in time
AFM and DNB advise crypto companies that intend to provide crypto-asset services in the Netherlands to submit a license or notification request at the AFM, instead of applying for a registration at DNB. This approach is more efficient for all parties involved. If potential CASP’s submit a registration request at DNB after the middle of 2024, they risk having to pay costs with no guarantee of obtaining a registration in 2024 because of the lead time of the assessment.
In addition, the AFM calls on crypto companies to apply for a licence in a timely manner. In general, the processing time for a license application is at least 5 months. If a crypto company does not have a license after 30 December 2024 (and 30 June 2025 respectively), the AFM may impose measures (such as an order subject to a penalty or a fine).
Definition of crypto-assets
MiCAR defines ‘crypto-assets’ as “a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology”. A ‘crypto-asset service’ means any of the following services and activities relating to any crypto-asset:
(a) providing custody and administration of crypto-assets on behalf of clients;
(b) operation of a trading platform for crypto-assets;
(c) exchange of crypto-assets for funds;
(d) exchange of crypto-assets for other crypto-assets;
(e) execution of orders for crypto-assets on behalf of clients;
(f) placing of crypto-assets;
(g) reception and transmission of orders for crypto-assets on behalf of clients;
(h) providing advice on crypto-assets;
(i) providing portfolio management on crypto-assets;
(j) providing transfer services for crypto-assets on behalf of clients.
A person shall not provide crypto-asset services, within the European Union, unless that person is:
(a) a legal person or other undertaking that has been authorised as crypto-asset service provider in accordance with Article 63 MiCAR; or
(b) a credit institution, central securities depository, investment firm, market operator, electronic money institution, UCITS management company, or an alternative investment fund manager that is allowed to provide crypto-asset services pursuant to Article 60 MiCAR.
Contact
If you have any questions about our supervision of crypto products and services, please contact us at crypto@afm.nl.
You can also register for our newsletter with periodic crypto updates.
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Informal ESMA survey CASP-notification
Under MiCAR Art 60, existing AFM licence holders, such as banks, trading venues or asset managers, can notify the AFM that they want to provide MiCAR services.
ESMA, the European securities regulator, has launched an informal survey to better understand the extent of interest among current licence holders in EU jurisdictions to notify their NCA to offer MiCAR services. This information helps prepare European supervision on the crypto sector. All current licence holders are invited to express whether or not they intend to launch such a notification procedure under MiCAR Art. 60. ESMA estimates it takes 15-30 minutes to complete all the questions.
This survey is not an official information request by either the AFM or ESMA. Participation is on a voluntary basis. A response to intend to notify does not constitute an obligation to do so. ESMA will collect and aggregate the responses and present them to NCAs.
The survey can be accessed here. Deadline for submitting responses is 26 July 2024.