Question about set-up

Macqo21

New Member
Aug 8, 2022
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Hi,

Together with our partners (we are all Polish residents), we are about to launch our application (iOS / Android) that allows people to easily buy cryptocurrency indexes.

The user will purchase index in the subscription model automatically via:
(1) Fiat currencies (so-called FIAT) - responsible for accepting payments and transferring to us their equivalent in cryptocurrencies (USDT / BUSD / USDC) will be RAMP. They will also deal with the KYC in connection with the AML regulations

(2) Crypto - we will accept payments on our own via our application. In the case of accepting payments in crypto, we do not want the user to go through KYC in connection with AML regulations (this is how KuCoin works, for example).

Withdrawals of funds to users will be made:

(1) To bank accounts in fiat currencies - RAMP will also be responsible for receiving crypto from us and transferring FIAT to user's bank account

(2) Crypto - we will make crypto withdrawals on our own to user's crypto wallet

Our commissions will be charged on the value of user's crypto wallet.

We currently operate from Poland (EU), but due to many legal / AML uncertainties for users making crypto deposits, we plan to establish a company outside the EU.
As the presented model shows, at this stage, as a company, we will not receive any payments to the bank account / EMI. We would like to deposit our own funds into a bank / EMI account to cover some current expenses (no more than 30-40k EUR / month).

Questions:
1. Is an offshore company a good idea? We thought about Belize or the Seychelles because looking at the set-up and service prices it seems cheap and I don't think they have such high AML requirements for crypto deposit users.

2. Will EMI for such a business model be a good idea? If so, what do you recommend? A company in Seychelles + AdvCash is a good combination?

3. Do we need to collect data (residence, identity document, etc.) from users who make deposits in cryptocurrencies in this type of destination?

4. Is there any issue to send crypto to EMI and change it there for FIAT?
 
Macqo21 said:
1. Is an offshore company a good idea? We thought about Belize or the Seychelles because looking at the set-up and service prices it seems cheap and I don't think they have such high AML requirements for crypto deposit users.
Click to expand...

No.

Macqo21 said:
2. Will EMI for such a business model be a good idea? If so, what do you recommend? A company in Seychelles + AdvCash is a good combination?
Click to expand...

EMI is good idea if your activity is regulated. You got some choices if company is regulated like MisterTango, Finductive, Simplex etc. An offshore company has to be tax resident somewhere so a Seychelles IBC will be tax resident where the directors are resident it cannot be in Seychelles. That opens up a whole can of worms for place of company operations which will be Poland.

https://bris-group.com/new-legislation-in-seychelles/
Macqo21 said:
3. Do we need to collect data (residence, identity document, etc.) from users who make deposits in cryptocurrencies in this type of destination?
Click to expand...

Yes if you value your freedom.

Macqo21 said:
4. Is there any issue to send crypto to EMI and change it there for FIAT?
Click to expand...

No. If your operations are in line with law and due diligence has been done.


Bottom line is if you are trying to run some sort of unlicensed, no kyc and unregulated operation because you have seen others do it - be very careful. It takes only one terrorist payment or cross border case of money laundering involving the U.S and your freedom is gone no matter where you are on planet earth.


Cryptocurrency executive agrees to extradition to face US banking law charges​


https://www.royalgazette.com/court/...o-extradition-to-face-us-banking-law-charges/
------

Crypto Exchange CEO Extradited To The US For Alleged Money Laundering​

https://cryptocoin.news/news/crypto...to-the-us-for-alleged-money-laundering-24012/

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.
 
Thank for the reply. Taking into consideration what you have mentioned, what would you advice?
 
JohnnyDoe said:
Either be a good boy and follow the law or don't touch fiat.
Click to expand...
But FIAT-> crypto will be done by 3rd party which is allowed to proceed with them as well as they will do KYC in order to meet AML.
We want to move from Poland due to the fact that there we need to do AML verification of each user even if they use only crypto.
 

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