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概述

As of April 1, 2017, the amended Payment Services Act came into effect and as of that moment operators of Virtual Currency exchange business are required to be registered with the Japanese Financial Services Agency.

時間框架: 

  • *Company formation – within 8 weeks
  • *License application – within 6 months

最低資本要求: 10 000 000 JPY (approx. EUR 75 000) + Registration tax minimum of 150 000 JPY (0.7% of capital)

It is important to note, that not all, currently available cryptocurrencies, fall under the definition of Virtual Currency of the Payment Services Act. There are two types of Virtual Currency that are described and regulated by the mentioned Act. In short, they are:

  • *A currency that has financial value and can be used to pay for goods and services (for example: Bitcoin, Litecoin, Ether etc.);
  • *A currency that can be exchanged with the virtual currency that falls under the first description.

That said, a coin/token that can’t be used as payment for goods or services and can be exchanged only with a currency described in the second definition – will not be viewed as a Virtual Currency described by the Payment Services Act. Also, instruments that are pegged to fiat currency are not regarded as Virtual Currency, as both definitions exclude these types of instruments. Therefore – every applicant is to submit a list and description of virtual currencies that the company plans to deal in.

The following are some examples of businesses that do not fall under the Virtual Currency Exchange Business, as described by the Act:

  • *Natural or legal entity that engages in Virtual Currency trade only for its own investment purpose;
  • *Companies engaging in Cryptocurrency Mining;
  • *Software developers;
  • *Wallet service providers that do not engage in sale or purchase of Virtual Currency.

Benefits of Japan Virtual Currency Exchange provider’s license:

  • *Japan Company portrays a good image to your Clients;
  • *Great reputation worldwide;
  • *One of the few jurisdictions providing licensing for virtual currency exchanges;
  • *Japan is major international financial center;
  • *96 double taxation avoidance treaties;
  • *Not blacklisted.

公司註冊全面指南

一般信息

公司結構:e

  • *At least 1 shareholder (natural person or legal entity, no nationality restrictions)
  • *At least 1 resident director (representative of the local office)
  • *A minimum of 1 local compliance officer (local compliance officer and an internal controller stationed at the company’s local office)

稅務

  • *37.05% Corporate income tax rate (including Corporate Inhabitant Tax)
  • *Withholding tax rates: 15% on Dividends, 20% on Interest, 20% on Royalties
  • *8% Consumption tax (~VAT)

Accounting and audit  – An annual audit of company’s financial statements is required

公司秘書 – 要求

註冊辦公室 – 要求

註冊代理人: 不需要

公司名稱

  • *The provider must not use a trade name or company name that is identical to one used by any others
  • *The name of the company is to be accompanied with the words “Kabushiki-Kaisha” (in Japanese characters)
  • *It is restricted for a Company name to include any word which make it likely that the Company may be mistaken for a different form of Company
  • *公司名稱的限制:不得包含國家和地方政府機構和部門的名稱。
  • *公司的名稱不得違反公共道德,也不得在公司法律形式、業務領域或活動範圍方面產生誤導。
  • *▪ 登記處可拒絕任何被認為不適當或違反公共利益的名稱。

為了獲得許可證,將進行以下步驟:

  • *公司名稱預留申請
  • *準備並向登記處提交申請及公司註冊文件
  • *公司註冊
  • *Filing the report with Bank of Japan under the Foreign Exchange Act of Japan
  • *Filing the notifications with tax authorities
  • *Opening of a Bank Account
  • *Registration with the FSA/Local Financial Bureau

為了獲得許可證, Offshorelicense 將填寫所有必要的申請表格,並且取得經過公證的公司文件。

因此,請提供以下文件給我們。

For the company officers:

  • *A notarized copy of valid passport (of each Director or Shareholder)
  • *A notarized copy of proof of residential address (ex. utility bill of each Director) 
  • *Certified Bank Reference (of each Director)
  • *2 professional character references (of each Director and Shareholder)
  • *由申請人簽署並註明日期的詳細簡歷(每位董事和股東)
  • *Notarized copies of Diplomas of higher education
  • *公證的犯罪記錄

如果股東是公司,則需要提供以下材料:

  • *經認證的註冊證書副本
  • *股東名單
  • *最近的年度/財務報表副本
  • *公證的良好信譽證明書

For the company/business:

  • *Detailed business plan, that will include a prospect of profit and loss for three fiscal years from the startup
  • *Manuals: Internal control rules; Internal procedure rules; System of protective measures for service users; System of segregated management of money, Virtual currency deposited by users; Information technology system risk management
  • *List and description of virtual currencies offered
  • *Contract forms for execution of virtual currency exchange business

Additional Due diligence may be prescribed by Financial Services Commission:

  • *證明資金來源的原始文件

注意

  • 如果文件不是英文語言,則必須附有公證翻譯件。
  • ▪Service agent is required by law to meet face-to-face with the client, when it is not possible – a letter will be sent to the address on the IDs via registered mail.
  • ▪Additional documents may be requested by the FSA/Local Financial Bureau or local Bank at any point to certify specific information.

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