Netherlands CASP Licence: The Ultimate Guide to MiCA Compliance

The European crypto landscape is undergoing a monumental shift with the implementation of the Markets in Crypto-Assets (MiCA) Regulation. The Netherlands has emerged as a top-tier jurisdiction for businesses seeking a Crypto-Asset Service Provider (CASP) license. By obtaining authorization from the Dutch authorities, your business gains a “golden ticket” to the entire EU market through the MiCA passporting mechanism.

SBSB Fintech Lawyers: Netherlands CASP License — Quick Facts

What Is a Netherlands CASP License?

A Netherlands CASP license is a regulatory authorization that allows companies to offer crypto-asset services professionally in the Netherlands and within the EU. In the country, the regulatory system follows a “Twin Peaks” model:

1. AFM (Market Conduct): Focuses on investor protection, transparency, and market integrity.
2. DNB (Prudential Supervision): Focuses on the financial soundness of the entity, capital adequacy, and AML/CFT compliance.

Once licensed by the AFM, your company is added to the European Securities and Markets Authority (ESMA) register, enabling you to operate across the entire European Economic Area (EEA) (after the license has been approved in the relevant countries).

CASP License Classes and Capital Requirements

MiCA categorizes services into three classes. The minimum initial capital requirement is determined by the highest-risk activity provided:

• Class 1 (€50,000): 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.
• Class 2 (€125,000): 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.
• Class 3 (€150,000): operation of a trading platform for crypto-assets.

Netherlands CASP License Requirements

To ensure the stability of the Dutch financial system, the AFM and DNB set high standards for applicants:

• Legal Entity: Must be an EU-incorporated company (typically a Dutch BV).
• Physical Substance: A real operational office in the Netherlands is mandatory. Fully remote “mailbox” companies are not permitted.
• Management: Directors must pass the Fit and Proper test. At least one director must be an EU resident.
• Governance: Comprehensive internal policies regarding AML/KYC, IT security (ICT systems), conflict of interest, and complaint handling.
• Insurance: Provision of a professional indemnity insurance policy or additional prudential safeguards.

Netherlands CASP License Application Process

At SBSB Fintech Lawyers, we guide you through a structured 5-step workflow:

1. Scoping & Strategy: Mapping your business model to the correct CASP class.
2. Company Formation: Incorporating a Dutch BV and setting up local substance.
3. Document Preparation: Drafting MiCA-compliant policies, IT descriptions, and the Program of Operations.
4. Submission & Completeness Check: The AFM has 25 working days to confirm the application is complete.
5. Assessment Phase: A deep-dive review by the AFM (approx. 40–80 working days) involving Q&A sessions.

How Much Does a Netherlands CASP License Cost?

The total investment depends on the complexity of your business model. The Netherlands uses a time-based billing model for the regulator’s review.

Netherlands CASP License Cost Breakdown

Timeline: How Long Does It Take in Practice?

While the statutory period is roughly 5 months, the realistic end-to-end timeline is 8–10 months.

• Preparation (1–2 months): Collecting data and drafting documents.
• Regulator Review (6–8 months): From formal submission to final approval, including clarification rounds.

Tax Considerations for Netherlands CASPs

• Corporate Income Tax (CIT): A competitive 19% on the first €200,000 of profit, and 25.8% thereafter.
• Innovation Box: If your crypto platform involves proprietary patented R&D, you may qualify for a reduced tax rate of 9% (based on specific criteria).
• VAT: Crypto exchange services are generally VAT-exempt, but advisory services may be subject to 21% VAT.

Netherlands vs Other EU Jurisdictions — CASP License Comparison

CASP Licensing in the Netherlands with SBSB Fintech Lawyers

Navigating MiCA requires more than just filling out forms; it requires a strategic legal partner. SBSB Fintech Lawyers offers:

• Proven Track Record: Over 800+ regulated projects worldwide.
• Turnkey Solutions: From BV incorporation to final license issuance.
• MiCA Expertise: We ensure your AML, IT, and Governance frameworks meet the highest European standards.

If you are considering obtaining a CASP license under MiCA or would like to discuss your project, feel free to contact our team at 📩 yuliya_barabash@sb-sb.com

Frequently Asked Questions about Netherlands CASP License (MiCA)

1. Can a non-EU resident own a Dutch CASP?

Yes, shareholders can be from anywhere in the world. However, the company must be an EU entity, and at least one senior manager must be an EU resident. The regulator conducts a separate assessment of the compliance of managers and owners.

2. Is there a “grandfathering” period?

Entities registered with the DNB as VASPs before MiCA have until June 30, 2025, to transition to a full CASP license.

3. Can I use my Dutch license in France or Italy?

Yes. Through passporting, you simply notify the AFM of your intent to provide services in another EU state. After a short notification period (usually 15 days), you can start operating there.

4. What is the biggest risk of rejection?

Lack of “substance” or poor IT security descriptions. The AFM must see that the company is actually managed from the Netherlands, the company’s processes are conducted in accordance with applicable requirements, and end customers are adequately protected.