Assistance in getting the Money Service Business license in Canada for crypto activities. More information on the crypto license in Canada and our full inclusive service packages.
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As a result of the fruitful cooperation with Rengang, Yellow Card obtained a VASP registration, fast and without any legal complications.
The crypto license in Canada is called the Money Service Business registration (MSB).
The crypto license in Canada can be described as both comprehensive and enabling. The requirements are set high in regard with the lawful conduct of the activity (meaning consumers are protected, financial crime is prevented and good conducts are adopted). There is no minimum share capital or high entry fees barring the way of startups to get a license.
In the same spirit, foreign companies can apply for an equivalent of the MSB crypto license dedicated to foreign entities operating in the Canadian market, under the name Foreign Money Service Business (FMSB). The requirements are about the same as the domestic MSB license, with an emphasis on disclosing information about the non-Canadian structure.
Certain crypto platforms must register as ‘Restricted Dealers’ with provincial regulators if they offer tokens considered securities.
Your first step to registering a crypto business in Canada is to acknowledge what has to be done and fulfilled first.
| Duration | 3-5 months |
| Local office | Yes (MSB, not for FMSB) |
| Local director | Recommended |
| Accounting and auditing | Yes |
| Economic substance | Yes (MSB, not for FMSB) |
| Government fee | No |
| Corporate income tax (CIT) | 15% + provincial tax |
| Withholding tax (WHT) | 25% |
The crypto MSB license in Canada is granted under the condition that the applicant fulfills the requirements described in the FINTRAC’s guidelines, in addition to complying with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Before the application can even be prepared, a crypto project must choose between the two licensing regime of the Money Service Business framework:
The Money Service Business (MSB) framework is targeted to companies implemented in Canada;
The Foreign Money Service Business (FMSB) framework is directed at companies not registered in Canada but willing to offer their services in Canada.
This means that a foreign team does not have to register a company in Canada and to domiciliate their operations in the country, to get the MSB license. Unlike many crypto licenses, the Canadian VASP authorization does not require local establishment in the country. The FMSB license however sets the condition that the entity must offer its services in Canada (among other places).
Meeting one of three conditions is enough for FINTRAC to assess that a FMSB company is serving the Canadian market:
The business’s marketing or advertising is directed at persons or entities located in Canada;
The business operates a “.ca” domain name;
The business is listed in a Canadian business directory.
MSB and FMSB are then confronted to meet the same requirements pertaining to their operations and their compliance with the rules and regulations. FINTRAC breaks down its expectations into 7 categories of programs and documents to prepare:
Registration with FINTRAC;
Preparing a Compliance Program;
Enforcing the rules pertaining to “Know Your Customers” regulations;
Setting transaction reporting mechanisms;
Properly keeping records of the client activity on the service;
Enforcement of the Travel rule;
The following of Ministerial directives (for example, sanctions against a country).
All of these subitems have their own requirements in terms of documentation to produce and provide to FINTRAC during the application process.
The Compliance Program, for example, requires the appointment of a Compliance Officer. This officer must be a senior officer or a member of the administrative board of the company. This person should have a clear view on the company’s operations and a clear understanding of the AML-CFT practices.
Having a legal entity in Canada (for MSB) or out of Canada (for FMSB);
Serving Canadian clients or planning to (with concrete actions);
Appointment of a competent Compliance Officer;
Registration of the business to FINTRAC;
Strong Compliance Program (AML-CFT policies, KYC rules, etc);
Setting proper records keeping mechanisms;
Transaction reporting system set to flag different sorts of suspicious activity;
Detailed business plan;
Register for the relevant activities to be conducted during the application process.
Starting a crypto business in Canada can be dubbed as simple but not easy. The process is comprehensive and clear, still, it requires conscious legal work and a high level of compliance. The MSB license does not necessarily require a lot of financial means, but does require a very serious project management.
The processing time for obtaining an MSB license can take from a few weeks to several months depending on the completeness of the application.
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