Current Status of CASP Authorisation in Poland
As of 11 September 2026, Poland has not established an operational domestic procedure for granting CASP authorisations under MiCA. A new draft Crypto-Assets Market Act was submitted to the Sejm on 8 September 2026, but it has not entered into force.
An entry in the Polish Register of Virtual Currency Activities does not authorise a business to provide VASP or CASP services in Poland or elsewhere. Crypto-asset services may currently be provided in Poland by an appropriately authorised CASP, including through the MiCA cross-border notification procedure.
ICON.Partners helps crypto businesses assess their regulatory position, compare available EU jurisdictions and prepare an appropriate licensing, passporting, restructuring or wind-down strategy.
The Sejm did not override the latest presidential veto on 4 September 2026. On 8 September 2026, the President submitted another draft Crypto-Assets Market Act. Until new legislation enters into force and the domestic procedure becomes operational, a Polish CASP authorisation cannot be obtained.
MiCA remains directly applicable. The end of the transitional period on 1 July 2026 means that businesses cannot continue providing regulated crypto-asset services solely on the basis of their previous Polish VASP status.
A CASP authorised in another EU Member State may target the Polish market after completing the cross-border notification procedure under Article 65 MiCA.
Polish VASP Registration vs CASP Authorisation
A Polish VASP registration and a CASP authorisation are not equivalent.
The VASP register was created under Poland’s AML framework. The official register continues to provide a technical application route, but the Polish Tax Administration expressly states that an entry does not authorise the provision of VASP or CASP services in Poland or abroad.
A CASP authorisation is granted under MiCA and covers governance, prudential safeguards, conduct of business, safeguarding, operational resilience and regulatory supervision. It may also provide access to EU cross-border passporting.
A Polish company registration or an entry in the VASP register must therefore not be marketed as a Polish crypto licence.
Possible Routes for Crypto Businesses Targeting Poland
The following routes are possible strategic approaches rather than automatically compliant solutions. Their availability depends on the company’s services, corporate structure, regulatory history and target markets. Each route requires an individual legal and regulatory assessment.
Apply for CASP Authorisation in Another EU Member State
A crypto business targeting customers in Poland may apply for CASP authorisation in another EU Member State where a functioning authorisation procedure is available.
The applicant must establish an appropriate legal and operational presence in the selected jurisdiction. Under MiCA, the entity must have its registered office in that Member State, carry out at least part of its crypto-asset services there, maintain its place of effective management within the EU and have at least one EU-resident director.
The application must cover the specific crypto-asset services the company intends to provide and demonstrate compliance with governance, prudential, AML/CFT, safeguarding, ICT, outsourcing and conduct requirements.
Once authorised, the CASP may provide its approved services in Poland through the cross-border notification procedure under Article 65 MiCA. Authorisation in another Member State does not automatically cover services that were not included in the original licence.
Acquire an Existing Authorised CASP
A company may consider acquiring shares in an existing MiCA-authorised CASP instead of preparing a completely new application.
The CASP authorisation belongs to the authorised legal entity and cannot simply be transferred, rented or assigned to another company. The buyer must therefore acquire or invest in the licensed entity and preserve its regulatory compliance, governance, operational substance and authorised service scope.
A proposed acquisition or increase in a qualifying holding may require prior notification to and assessment by the relevant competent authority. The regulator may review the buyer’s reputation, financial position, ownership structure, source of funds and ability to maintain the CASP’s compliance.
Regulatory due diligence is required to identify historical compliance issues, client-asset risks, AML deficiencies, unresolved regulatory correspondence and restrictions attached to the authorisation. Acquiring a CASP should not be presented as an immediate or guaranteed licensing shortcut.
Reassess the Regulatory Scope of the Business Model
Some technology, infrastructure or support activities may fall outside the definition of crypto-asset services under MiCA. However, the regulatory status depends on how the business actually operates, not on how the product is described in marketing materials or contracts.
A regulatory perimeter assessment should examine whether the company controls client crypto-assets or private keys, executes or transmits orders, exchanges crypto-assets, operates a trading platform, provides custody, transfers crypto-assets or gives regulated advice.
Describing a service as “non-custodial”, “software-only” or “decentralised” does not automatically remove it from MiCA. The technical architecture, contractual responsibilities, revenue model and degree of control over transactions must be reviewed.
If particular activities genuinely fall outside the CASP authorisation requirement, the company may restructure its offering around those activities. Other legal obligations, including AML/CFT, consumer protection, data protection, sanctions and financial promotion rules, may still apply.
Pause Regulated Activities or Conduct an Orderly Wind-Down
A business without valid MiCA authorisation should not continue providing regulated crypto-asset services solely on the basis of a previous Polish VASP registration.
Where no authorised operating route is available, the provider may need to stop onboarding new EU clients, cease marketing and solicitation, and restrict its activities to those necessary to close positions, return or transfer client assets and complete an orderly exit.
The wind-down plan should establish a clear client communication process, timelines for transferring or withdrawing assets, safeguarding measures, complaint-handling procedures and continuing AML/CFT controls.
The appropriate steps depend on the services provided, the location of clients and the company’s existing contractual obligations. The wind-down process should therefore be planned with legal, compliance and operational support.
The appropriate route should be selected only after reviewing the company ’s current activities, customer base, ownership structure and intended EU markets. ICON.Partners can compare available EU jurisdictions, assess an acquisition target, review the regulatory perimeter of the business model or prepare a compliant restructuring and wind-down strategy.
Core MiCA CASP Requirements
The specific authorisation requirements depend on the services covered by the application and the selected EU Member State. A typical CASP project includes:
a qualifying legal entity or undertaking with its registered office in the selected Member State;
the provision of at least part of its crypto-asset services in that Member State;
effective management within the EU;
at least one EU-resident director;
fit-and-proper management and qualifying shareholders;
a detailed programme of operations and business plan;
governance, risk management and internal control arrangements;
AML/CFT and Travel Rule procedures;
safeguarding and segregation arrangements;
ICT security, business continuity and DORA compliance;
policies covering outsourcing, complaints and conflicts of interest;
prudential safeguards meeting Article 67 MiCA.
The permanent minimum capital levels are €50,000, €125,000 or €150,000 depending on the class of crypto-asset services. These amounts form part of the MiCA prudential safeguards calculation and should not automatically be described as ordinary share capital.
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Obtaining a CASP license in Poland mandates a physical office presence in the country, signifying a tangible local footprint, unlike the previous VASP registration. The company must establish a dedicated compliance team and possess a comprehensive set of internal documents, including a detailed business plan and risk management procedures. Additionally, at least one director must reside in an EU member state, and the company's place of effective management must also be located within the EU.
The minimum share capital requirements for a Poland crypto license are tiered based on service class, ranging from €50,000 for basic operations to €150,000 for a full trading platform, emphasizing financial robustness. Beyond capitalization, founders and key operational staff must demonstrate relevant experience or training, along with a good business reputation and no criminal record. This ensures high standards of professionalism and reliability across all operational aspects, crucial for acquiring a CASP license in Poland.
CASP Licensing Timeline and Costs
There is currently no reliable Polish CASP application timeline or application fee because the domestic authorisation procedure is not operational.
For an application in another EU Member State, the overall timeline and cost depend on the selected jurisdiction, service scope, corporate structure, operational substance and completeness of the application dossier.
The project may include entity setup, recruitment, governance arrangements, preparation of compliance documentation, technical remediation and responses to regulatory questions. An individual estimate should be prepared after an initial regulatory assessment.
Tax Considerations for Crypto Businesses in Poland
The tax treatment of a crypto business depends on its services, transaction flows, corporate residence, customer locations and contractual role.
Corporate income tax, VAT, withholding tax, transfer pricing, DAC8 reporting and permanent establishment exposure should be assessed separately. A CASP authorisation or MiCA passport does not by itself determine the company’s tax treatment in Poland.
Tax conclusions should be confirmed based on the company’s specific operating model.
How ICON.Partners Can Help
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ICON.Partners supports crypto businesses operating in or targeting the Polish market with:
MiCA regulatory perimeter assessments;
comparison of available EU licensing jurisdictions;
corporate and operational structuring;
preparation of CASP application documentation;
AML, governance, risk and DORA documentation;
Article 65 passporting support;
regulatory due diligence for CASP acquisitions;
preparation of restructuring or orderly wind-down plans;
monitoring of the developing Polish legislative framework.
We do not currently offer submission through an operational Polish CASP authorisation procedure. Our team helps clients identify and implement an available EU-compliant route.