License list of Japan's financial agency's virtual currenc
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at present, there are few countries in the world that issue supervision licenses for digital currency asset transactions, such as austrac license in Australia, MTR digital currency transaction / wallet license in Estonia, token license in Thailand and jvcea virtual currency transaction license in Japan
among the digital currency trading licenses in the above countries, Japan and Thailand have too high qualification requirements, and few exchanges or indivials meet the qualification requirements
Australia austrac and Estonian MTR can basically meet the qualification requirements. However, after the amendment of Estonian act on March 10, 2020, and the promulgation of the act on qualification, capital verification and local actual office space, the application cycle will be extended accordingly
at present, only ausrac in Australia is the most suitable license for digital currency asset trading license. It does not need capital verification, certificate fee and local office address. The application cycle is short and the qualification requirements are low. It can basically meet the qualification requirements. It has high international reputation and is the most cost-effective license at present. It can be considered directly
the FSA said that it would put Japan's digital currency exchange under a comprehensive regulatory framework, including monitoring the internal system of the exchange, checking the customer asset protection mechanism, and possible on-site inspection. At the same time, the FSA requires digital currency exchanges including bitcoin to implement a more stringent KYC policy than at present. Exchanges must begin to verify the identity of account users, keep transaction records, and report suspicious transactions to regulators
the conditions for the registration and establishment of Japanese digital currency dealers:
the establishment of a Japanese corporate company
leasing Japanese office
three Japanese employees are employed, one of whom is a director of a Japanese company
Japanese companies open bank to company accounts
there is a normal trading system (Japanese version is not required)
provide KYC information (specifically prepare the government information list)
the services include company registration before obtaining the license, assistance in leasing office space, assistance in recruitment of company employees, preparation of audit reports in cooperation with accounting firms, AML and KYC reports, business plans, all compliance documents to be submitted to FSA prepared with Japanese law firms, and answering all questions raised by FSA
in the process of obtaining a digital currency dealer license and in the process of future operation, traders must employ at least three employees, at least one of whom has a digital currency or bitcoin background or financial background
follow up maintenance: first, ensure the normal operation of the Japanese office and the daily work system of employees. Annual financial and audit reports should be submitted to the financial department of Japan every year. The contents of the reports are large, including the transaction details of virtual currency, the number of customers, the number of traders, the handling fees, the amount of customers' funds, etc. After obtaining the license, all the operation related expenses need to be paid by the dealer.
First of all, Canada's MSB license and the United States' MSB license are similar in terms of supervision. There is no special 6165 difference between them.
1: the United States' MSB license is regulated by FinCEN (financial crime enforcement agency under the U.S. Department of the Treasury) and belongs to the registration license system. It is necessary to apply for the permission to engage in the business related to money service. This is similar to adding one item to China's instrial and commercial registration: capital service business
in fact, for digital currency projects, the licenses of the two countries are very good choices. Another important point is that the two licenses are one of the few class a licenses that can be applied offshore, which saves a lot of later maintenance costs. At present, there are many projects and exchanges that hold licenses from both countries. After all, compliance operation must be indispensable in the future. If the budget is sufficient, it is not good to have two licenses at the same time, After all, the exchange didn't say that there was only one license. All the international ones came to one
in China, there are as many as 25 types of financial licenses, mainly including: Bank, insurance, securities company, fund, trust, third-party payment, credit reference, etc., which are approved by the central bank, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission and other institutions< The main business of the third party payment is: online payment, issuance and acceptance of prepaid cards, and payment service Bank card acquiring
main laws:
(1) administrative measures for payment services of non-financial institutions (order [2010] No.2 of the people's Bank of China)
(2) detailed rules for the implementation of administrative measures for payment services of non-financial institutions (announcement [2010] No.17 of the people's Bank of China)
2. Credit investigation
main business: credit investigation
main laws:
(1) people's Bank of China Law of the people's Bank of China of the people's Republic of China (2) Company Law of the people's Republic of China (3) Regulations on the administration of credit reference instry (4) measures for the administration of credit reference institutions (order of the people's Bank of China, 2013) No.1 Credit and other business
main laws:
(1) law of the people's Republic of China on commercial banks
(2) measures for the implementation of administrative licensing matters of Chinese funded commercial banks
4. Trust (suspension of issuance)
main business: all kinds of trust business The main laws are as follows:
(1) measures for the administration of trust companies (CBRC order [2007] No. 2)
(2) measures for the implementation of administrative licensing matters of non bank financial institutions of China Banking Regulatory Commission (CBRC order 2015 No. 6)
(3) measures for the administration of trust companies (CBRC order [2007] No. 2)
(2) measures for the implementation of administrative licensing matters of non bank financial institutions of China Banking Regulatory Commission (CBRC order 2015) No Measures for the implementation of administrative licensing matters of trust companies (Order No. 5 of China Banking Regulatory Commission, 2015)
revision / modification: the original measures for the implementation of administrative licensing matters of non bank financial institutions of China Banking Regulatory Commission (Order No. 13 of China Banking Regulatory Commission, 2007) shall be abolished as of June 15, 2015
5. Financial leasing
main business: financial leasing, inter-bank lending, borrowing from financial institutions Main laws:
(1) measures for the administration of financial leasing companies (CBRC Order No. 3, 2014)
amendment / modification: the original measures for the administration of financial leasing companies (CBRC Order No. 1, 2007) was abolished on March 13, 2014
6. Money brokerage
main business: promoting derivatives trading Bond trading and other brokerage services
main laws:
(1) measures for the implementation of administrative licensing matters of non banking financial institutions of China Banking Regulatory Commission (CBRC Order No. 6, 2015)
amendment / modification: the original measures for the implementation of administrative licensing matters of non banking financial institutions of China Banking Regulatory Commission (CBRC Order No. 13, 2007) Repeal< Main business of loan companies: various loans, settlement under loans, bill discount
main laws:
(1) Regulations on the administration of loan companies (No.76 [2009] of the people's Republic of China Banking Regulatory Commission)
revision: the Interim Regulations on the Administration of loan companies (No.6 [2009] of the people's Republic of China Banking Regulatory Commission) has been abolished since August 11, 2009< Main business of consumer finance: issuing loans for the purpose of consumption. Main laws: (1) law of the people's Republic of China on banking supervision and administration; (2) Company Law of the people's Republic of China; (3) measures for the pilot administration of consumer finance companies (order No.2 of China Banking Regulatory Commission, 2013)
amendment / modification: the original Consumer Finance Corporation The measures for the administration of pilot projects of the Department of Finance and instry (Order No. 3 of 2009 of CBRC) shall be abolished as of January 1, 2014< Main business: financial management services
main laws:
(1) measures for the administration of financial companies of enterprise groups (Amendment) (order No.8 of 2006 of China Banking Regulatory Commission)
approval by China Securities Regulatory Commission
10. Securities companies
main business: securities underwriting and recommendation, brokerage, self-management, direct investment, securities investment activities, securities trading, securities trading and so on Securities asset management and margin trading and other major laws:
(1) securities law
(2) Regulations on the supervision and administration of securities companies (revised in 2014)
amendment / modification: on March 8, 2017, the fifth session of the 12th National People's Congress held the second plenary session, which indicated that the securities law would be amended this year
11. Public funds
main business: public funds Main laws on institutional business:
(1) law of the people's Republic of China on securities investment funds (revised in 2015)
(2) measures for the administration of securities investment fund management companies (Order No. 84 of the CSRC on September 20, 2012)
(3) Interim Provisions on the administration of public offering securities investment funds by asset management institutions (announcement [2013] No. 10 of the China Securities Regulatory Commission)
Amendment: the original measures for the administration of securities investment fund management companies (Order No. 22 of the CSRC) shall be abolished as of November 1, 2012
12. Futures
main business: futures business
main laws:
(1) Regulations on the administration of futures trading
(2) measures for the administration of futures companies (Order No. 110 of China Securities Regulatory Commission)
amendment / modification: since October 29, 2014, The following three regulations are repealed: the measures for the administration of futures companies (Order No. 43 of CSRC) issued on April 9, 2007, the provisions on the administration of futures business departments (Trial Implementation) issued on November 3, 2011, and the provisions on issues related to the change of registered capital or equity of futures companies (Announcement No. 11 of CSRC) issued on May 10, 2012<
13. Fund sales
main business: selling fund shares, handling fund share subscription, redemption, etc.
main laws:
(1) measures for the administration of sales of securities investment funds (Order No. 91 of China Securities Regulatory Commission)
amendment / modification: Measures for the administration of sales of securities investment funds (Order No. 72 of China Securities Regulatory Commission) shall be abolished on June 1, 2013
14. Fund sales payment
main business: Monetary Fund Transfer Service
main laws:
(1) measures for the administration of sales of securities investment funds (Order No. 91 of China Securities Regulatory Commission)
amendment / modification: Measures for the Administration of sales of securities investment funds (Order No. 72 of China Securities Regulatory Commission) shall be abolished on June 1, 2013
15. Fund subsidiaries
main business: asset management for specific clients, asset management for specific clients, and Main laws on fund sales:
(1) Pilot Measures for asset management business of specific clients of fund management companies
(2) measures for the administration of sales of securities investment funds (Order No. 91 of China Securities Regulatory Commission)
amendment / modification: Measures for the Administration of sales of securities investment funds (Order No. 72 of China Securities Regulatory Commission) shall be abolished on June 1, 2013<
16. Professional subsidiaries of securities companies
main business: single or multiple securities businesses
main laws:
(1) Trial Provisions on the establishment of subsidiaries by securities companies (announcement of China Securities Regulatory Commission [2012] No. 27)
(2) securities law of the people's Republic of China
17. Asset management of securities companies
main business: collective investment of customer assets, Or special investment in client assets
main laws:
(1) measures for the administration of client asset management business of securities companies (Order No. 93 of China Securities Regulatory Commission)
(2) Regulations on the administration of securities companies (revised in 2014)
(3) detailed rules for the implementation of collective asset management business of securities companies (Order No. 93 of China Securities Regulatory Commission) The following two laws and regulations are repealed: the measures for the administration of customer asset management business of securities companies (Order No. 87 of the CSRC) promulgated on October 18, 2012, and the detailed rules for the implementation of collective asset management business of securities companies (Notice No. 29 of the CSRC) promulgated by the CSRC on October 18, 2012<
18. Equity crowdfunding
main business: equity financing
main laws:
(1) measures for the administration of private equity crowdfunding financing (Trial) (Draft for comments)
(2) securities law
(3) company law of the people's Republic of China
(4) opinions on further promoting the healthy development of capital market (GF [2014] No. 17)
revision / amendment Situation: the measures for the administration of private equity crowdfunding financing has not been released
CIRC approval
19. Insurance
main business: property insurance, life insurance, universal insurance; Major laws at home and abroad: Insurance Law of the people's Republic of China (revised in 2015)
20 Insurance brokerage
main business: insurance intermediary service
main law: Insurance Law of the people's Republic of China
approval by other authorities
21. Small loan company
approval authority: provincial financial office
main business: non mortgage loan, mortgage loan, mortgage loan, etc The main laws are as follows:
(1) guiding opinions on the pilot of small loan companies (No.23 [2008] of China Banking Regulatory Commission)
(2) measures for the administration of small loan companies (Draft for comments)
22. Financing guarantee
approval authority: provincial financial office
main business: loan guarantee L / C guarantee, etc.
main laws:
(1) Interim Measures for the administration of financing guarantee companies (Order No. 3, 2010, issued by seven ministries and commissions including CBRC)
23. Financial leasing
examination and approval authority: Ministry of commerce
main business: foreign investment financial leasing Domestic financial leasing
main laws:
(1) measures for the supervision and administration of financial leasing enterprises (Shang Liu Tong Fa [2013] No. 337)
(2) Notice on issues related to engaging in financial leasing business (Shang Jian Fa [2004] No. 560)
(3) measures for the administration of foreign investment leasing instry (2015 Amendment)
revision / modification: at the beginning of 2016, The Ministry of Commerce launched the revision of the measures for the supervision and administration of financial leasing enterprises< Commercial factoring
24. Approval authority: Ministry of Commerce
main business: accounts receivable financing, management, collection, repayment guarantee
main laws:
(1) contract law
(2) Company Law
(3) property law
(4) measures for the administration of commercial factoring enterprises (Trial) (Draft for comments)
(5) laws on foreign investment Administrative regulations
25. Pawnbroking Business
approval authority: Ministry of Commerce
main business: Pawnbroking Business
main laws:
(1) measures for the administration of pawnbroking (Decree No. 8 of 2005 of Ministry of Commerce and Ministry of public security)
(2) Regulations on the supervision of pawnbroking instry (Shang Liu Tong Fa [2012] No. 423)