India operates an advantageous Virtual Asset Service Provider registration framework that is open to foreign entities. Since March 2023, all entities providing virtual digital asset services can register with the Financial Intelligence Unit of India (FIU-IND) under the Prevention of Money Laundering Act. This registration is open to VASPs worldwide, and is required to operate in India. Since it is a VASP registration, it does provide the benefits of any other crypto licenses.
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The Financial Intelligence Unit India operates under the Ministry of Finance as the primary regulatory authority for virtual digital asset service providers. Through the March 7, 2023 notification, the prevention of money laundering act brought all VDASPs under comprehensive anti money laundering oversight. And as this framework is a requirement to offer crypto assets related services in India, it is not limited to Indian companies, making it available to foreign entities.
Section 2(1)(wa) of the Money Laundering Act 2002 specifically defines virtual asset service providers as reporting entities, establishing mandatory compliance obligations for any entity offering virtual digital asset services to Indian market participants. Registered VASPs are tasked with conducting customer due diligence and maintaining transaction records for five years as part of compliance. Entities must file Suspicious Transaction Reports (STRs) and submit high-value transaction data to the FIU-IND. As part of the registration procedure, applicants must create an account on FIU IND’s FINnet Gateway platform through the official FIU IND website. This regulatory framework aligns India with international standards set by the financial action task force.
Successfully obtaining reporting entity status requires meeting specific regulatory requirements designed to ensure compliance with anti money laundering standards and effective regulatory oversight.
Corporate entity requirements: Virtual asset service providers must establish either an Indian company or demonstrate offshore entity compliance when serving the Indian market;
Principal officer appointment: The Prevention of Money Laundering Act mandates appointment of a designated director and a principal officer responsible for ensuring compliance with the FIU IND regulations. This individual oversees anti money laundering procedures, suspicious transaction reporting, and ongoing regulatory compliance.
AML/KYC policy implementation: Comprehensive AML-KYC policies must address customer due diligence, suspicious transaction identification, and compliance with CFT guidelines. These policies should align with the FATF’s recommendations and enable effective combat money laundering operations.
Technology infrastructure standards: Crypto businesses require robust transaction monitoring systems, secure record-keeping infrastructure, and cybersecurity measures protecting customer funds and transaction data. These systems must support transaction reporting systems and regulatory reporting requirements.
Additional compliance elements: No prior virtual asset experience is required for registration, though demonstrating understanding of regulatory compliance and risk management enhances application success. Entities must classify as reporting entities under relevant provisions of the prevention of money laundering act.
Rengang’s expertise in India crypto company registration ensures your virtual digital asset business meets all regulatory requirements efficiently and effectively.
The registration process involves four distinct stages, each with specific deliverables and timelines for achieving reporting entity status.
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