Cyprus is a well-established EU jurisdiction which offers Cyprus Electronic Monetary Institutions (EMI) License-holders passporting rights to operate businesses in any other EEA jurisdiction without additional licensing requirements and without the need of establishment of a physical branch or office in another country.
The EMI, once established and licensed in Cyprus jurisdiction, can provide services in all EU member states on a cross-border basis without any further authorization.
What are the regulatory requirements for an EMI license in Cyprus.
Legal entity.
The authorization for the operation of a Cyprus EMI is only granted to a legal entity incorporated in Cyprus.
Headquarters.
The management and control of the EMI must be exercised by the headquarters, which shall be incorporated in Cyprus.
Application.
Application for licensing requires a business plan including the forecast budget of the first three financial years, to ensure the ability to employ resources and develop adequate systems and procedures for the healthy operation of the EMI.
Investment capital.
The initial capital of at least €350,000 is required at the time of the authorization, along with the proof of available funds in the next three years of operations.
EMI cashflow.
An EMI is required to maintain the minimum own funds equal to 2% of the average value of electronic money in circulation, while the own funds may not fall (at any time) below the level of the initial €350,000 capital.
EMI Services.
Description of the outsourcing arrangements, the use of agents (if any) and the intention of the EMI to provide its services in another EU member state via branch needs to be made in the application. If agents are employed within the structure of the EMI, then it is required to ensure the agents meet the criteria and requirements to be listed in the public register maintained by the Central Bank of Cyprus (CBC).
EMI Structure.
The organizational structure of the EMI needs to be disclosed. Detailed information of the systems and procedures governed in the Internal Operations Manual, including the creation of sound policies and procedures reflecting the operations of the accounting and payments, the risk management, the compliance, and anti-money laundering departments.
EMI Internal controls.
Adequate internal controls and mechanisms need to be in place for the safekeeping of clients’ funds.
If you wish to acquire more information about EMI licensing and passporting rights in Cyprus you may ask a consultant here or visit the Cyprus Central Bank website.
