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A guide to setting up a crypto business in Switzerland

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As the cryptocurrency world matures with more and more jurisdictions legalizing it and ensuring crypto becomes an industry standard, cryptocurrency receives a quality mark that proves that it can earn users’ trust. Over the next four years, the European Union will introduce new rules that will allow the introduction of blockchain technologies and crypto assets into the traditional financial sector. 

For now, however, the need to obtain regulatory approval for financial activities remains the main obstacle to entering the market, which is also associated with a large waste of time and money for startups — although this is not always the case. Additionally, each business model requires a specific type of license.

Crypto regulators and types of authorization

The Swiss Financial Market Supervisory Authority, or FINMA, regulates banks, crypto and fintech projects. There are five types of authorization for financial activities in the country — licensing, recognition, authorization, approval and registration. Commonly, though, only two of these are being used by fintechs — recognition and authorization.

Types of authorization include: permitted activities; client onboarding options; the jurisdictions in which you can attract users; documents accepted for user identification; ways of storing customer information; most of the Anti-Money Laundering procedures; transaction limits; capital requirements; regularity and methodology of audits, among others.

When you choose and apply for the right type of authorization for your business, keep in mind that this will determine your business opportunities and degree of responsibility for many years ahead. At the beginning of the journey, it all might seem so overwhelming and hard to understand that you will feel like leaving everything up to your lawyers.

In practice, however, delving into this and starting to closely interact with specialists will help you create the most effective legal model and forge the best strategy for its development without requiring huge initial legal cost investments while speeding up the launch of the product on the market.

Step one: Sandbox

You can start a crypto service in the so-called FINMA sandbox. Depending on the project’s infrastructure, the startup can entirely develop a product, accept customer money, sell financial services, issue bank cards, and can carry out many other activities even before obtaining authorization.

Fintechs that meet the following requirements qualify to get into the sandbox:

  • The total amount of assets received from clients does not exceed 1 million Swiss francs, or $1.1 million.
  • The received funds are not invested, and interest is not paid (in this case, you can use your own company assets, earn on them and, if your model provides this, pay interest to clients).
  • Depositors must be informed in advance that FINMA does not supervise fintechs, and the safety of funds deposited is not guaranteed by the insurance (this rule applies to all types of authorization, except for banking activities, where supervision by FINMA and deposit insurance is mandatory).

If a startup meets these requirements, the company can temporarily do without authorization from the regulator. It is imperative to prepare a legal memorandum about this, which professional lawyers will help with.

However, when the company outgrows the sandbox restrictions, the issue of obtaining authorization from FINMA will become the cornerstone for further development of the fintech and is one of the decisive factors for accelerating the commercial launch of the product.

Step two: Self-regulatory organizations

Most startups do not have the millions of Swiss francs required to obtain a full banking license from FINMA, including meeting the minimum capital requirement. In this case, you can join one of the 11 self-regulatory organizations, or SROs, operating in Switzerland and receive the status of a financial intermediary.

A financial intermediary requires regulatory approval for each individual type of activity instead of all of them at once, as would be the case with a bank. Only the services as part of the declared product structure that have passed the authorization can be performed. If the product structure changes, you need to get approval from FINMA or the relevant SRO again.

SRO members can conduct more than 10 types of activities. These include asset management, foreign exchange transactions, money transfers, along with insurance and new payment methods, including cryptocurrency operations and others. Companies can provide services to clients located in Switzerland and abroad, and to both enterprises and individuals.

To join an SRO costs several thousands of Swiss francs, which includes a number of annual payments, audit fees, etc. For example, in our case, with 60,000 users, the total cost of an SRO is about 100,000 Swiss francs, or approximately $110,000, per year. This is still much less than a banking license would cost.

If you decide to join an SRO, be prepared to pay large legal support costs, which can range from 150,000 to 400,000 Swiss francs, or $165,000 to $435,000. This will pay your lawyers to correctly describe the model of your product and compile dozens of mandatory applications and forms, proving to the SRO that this form of regulation is suitable for your crypto service.

It takes three months from the date of application to join an SRO. If you need to speed up the process, you can use the fast-track processing option that takes just two weeks for 1,500 Swiss francs, or $1,600.

Using “exceptions”

Another aid in reducing the regulatory burden may be the “exceptions” that may apply depending on the model of the fintech product.

Exception # 1: A company is not considered to be banking if it meets the requirements that apply to participants in the regulatory sandbox (in accordance with the new edition of “Ordinance on Banks and Savings Banks (Bank Ordinance, BO)” article 6, paragraph 2, letter (a)).

Exception # 2: A license for savings is not required for assets that arise in payment systems and neobanks and are recognized as “non-deposits” if the following conditions are met:

  1. Peer-to-peer operations are prohibited — i.e., transfers from card to card.
  2. The maximum balance per client does not exceed 3,000 Swiss francs ($3,299).
  3. No interest is paid on funds.

The exception applies in accordance with article 5, paragraph 3, letter (e) of the “Ordinance on Banks and Savings Banks (Banking Ordinance, BO)” and subject to clarification No. 18 FINMA-Circular 2008/3.

Exception # 3: Settlement accounts, which are opened for some non-bank companies participating in SROs (dealers, asset managers and other financial intermediaries) are also not deposits if:

  1. Companies hold a deposit to execute a client’s transaction.
  2. No interest is credited to the account.
  3. The duration of the transaction is limited.

The exception applies in accordance with article 3, paragraph 3, letter (c) of the “Ordinance on Banks and Savings Banks (Banking Ordinance, BO).”

A wide variety of fintechs can take advantage of the regulatory sandbox, get a membership in self-regulatory organizations, and participate in legal exemptions. However, there are also a few points that concern only crypto services.

Choose the right architecture

Since crypto projects occupy a special place between the world of traditional finance and the world of digital assets, there are additional requirements for crypto companies in many countries, and Switzerland is no exception.

When registering our crypto service with the self-regulatory organization VFQ, we thoroughly studied the regulations that govern the Swiss Federal Council and FINMA. If we sum up all the important points from the “Legal framework for distributed ledger technology and blockchain in Switzerland” and the “FINMA-Fact Sheet / Virtual Currencies” documents and requirements, crypto services can accept fiat money without obtaining a banking license when the following conditions are met:

  1. Settlements for the purchase or sale of cryptocurrency and temporarily arising obligations to fulfill them fall under one of the exceptions given above.
  2. The fact of ownership of cryptocurrency by each client is reflected in the blockchain directly and separately from the company’s funds.
  3. Each cryptocurrency deposit can be attributed to a specific client at any given time.

All this should be taken into account by crypto startups during the product development stage. Moreover, the correct design of the cryptocurrency storage architecture is another reason that will help to avoid the need to obtain a banking license while remaining legal.

According to the Swiss regulator’s general approach, a deposit is defined as a service in which a client transfers funds and/or digital assets to an organization and can then dispose of them only by interacting with its representatives. If the functionality of the service allows you to remove intermediaries from the decision-making chain for the disposal of the client’s funds, this option is not considered a deposit.

In practice, this means that the storage should be designed so that the user, at all times, owns the private key, and the crypto service receives this key only “on lease.” Simply put, it is necessary to exclude the e-wallet provider from the process of managing the client’s funds. However, such a solution can only be used for cryptocurrency due to its technological features. For fiat deposits and accounts which we do not yet have, it will not work.

The flexible approach of the Swiss regulator to licensing fintechs once again proves that the path of startups is not at all about copying what has already been done before. For each business model, you need to look for your own optimal authorization method that will allow you to bring the product to market faster and at lower costs. Legal companies will certainly help with this, but the result will largely depend on how well the founder understands the issue.

This article is for general information purposes and is not intended to be and should not be taken as legal advice.

The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

Alex Axelrod is the founder and CEO of Aximetria and Pay Reverse. He is also a serial entrepreneur with over a decade of experience in leading world-class technological roles within a large, number-one national mobile operator and leading financial organizations. Prior to these roles, he was the director of big data at the research and development center of JSFC AFK Systems.



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Bringing carbon emissions reporting into the new age via blockchain

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Blockchain for supply chain management is one of the most practical business applications for large, multi-party sectors seeking trust and transparency across daily operations. As such, the mining and metals sector has now started to leverage blockchain technology to effectively track carbon emissions across complex, global supply chains. 

This month, the World Economic Forum launched a proof-of-concept to trace carbon emissions across the supply chains of seven mining and metals firms. Known as the Mining and Metals Blockchain Initiative, or MMBI, this is a collaboration between the WEF and industry companies including Anglo American, Antofagasta Minerals, Eurasian Resources Group, Glencore, Klöckner & Co., Minsur, and Tata Steel.

Jörgen Sandström, head of the WEF’s Mining and Metals Industry, told Cointelegraph that the distributed nature of blockchain technology makes it the perfect solution for companies within the sector looking to trace carbon emissions:

“Forward-thinking organizations in the mining and metals space are starting to understand the disruptive potential of blockchain to solve pain points, while also recognizing that the industry-wide collaboration around blockchain is necessary.”

According to Sandström, many blockchain projects intended to support responsible sourcing have been bilateral, resulting in a fractured system. However, this new initiative from the WEF is driven entirely by the mining and metals industry and aims to demonstrate blockchain’s full potential to track carbon emissions across the entire value chain.

While vast, the current proof-of-concept is focused on tracing carbon emissions in the copper value chain, Sandström shared. He also explained that a private blockchain network powered by Dutch blockchain development company Kryha is being leveraged to track greenhouse gas emissions from the mine to the smelter and all the way to the original equipment manufacturer. Sandström mentioned that the platform’s vision is to create a carbon emissions blueprint for all essential metals, demonstrating mine-to-market-and-back via recycling.

To put things in perspective, according to a recent report from McKinsey & Company, mining is currently responsible for 4% to 7% of greenhouse gas emissions globally. The document states that Scope 1 and Scope 2 CO2 emissions from the sector (those incurred through mining operations and power consumption) amount to 1%, while fugitive-methane emissions from coal mining are estimated at 3% to 6%. Additionally, 28% of global emissions is considered Scope 3, or indirect emissions, including the combustion of coal.

Unfortunately, the mining industry has been slow to meet emission-reduction goals. The document notes that current targets published by mining companies range from 0% to 30% by 2030 — well below the goals laid out in the Paris Agreement. Moreover, the COVID-19 crisis has exacerbated the sector’s unwillingness to change. A blog post from Big Four firm Ernest & Young shows that decarbonization and a green agenda will be one of the biggest business opportunities for mining and metals companies in 2021, as these have become prominent issues in the wake of the pandemic. Sandström added:

“The industry needs to respond to the increasing demands of minerals and materials while responding to increasing demands by consumers, shareholders and regulators for a higher degree of sustainability and traceability of the products.”

Why blockchain?

While it’s clear that the mining and metals industry needs to reduce carbon emissions to meet sustainability standards and other goals, blockchain is arguably a solution that can deliver just that in comparison to other technologies.

This concept was outlined in detail in an NS Energy op-ed written by Joan Collell, a business strategy leader and the chief commercial officer at FlexiDAO, an energy technology software provider. He explained that Scope 1, 2 and 3 emission supply chains must all be measured accurately, requiring a high level of integration and coordination between multiple supply chain networks. He added:

“Different entities have to share the necessary data for the sustainability certification of products and to guarantee their traceability. This is an essential step, since everything that can be quantified is no longer a risk, but it becomes a management problem.”

According to Collel, data sharing has two main purposes: to provide transparency and traceability. Meanwhile, the main feature of a blockchain network is to provide transparency and traceability across multiple participants. On this, Collel noted: “The distributed ledger of blockchain can register in real time the consumption data of different entities across different locations and calculate the carbon intensity of that consumption.”

Collel also noted that a digital certificate outlining the amount of energy transferred can then be produced, showing exactly where and when emissions were produced. Ultimately, blockchain can provide trust, traceability and auditability across mining and metals supply chains, thus helping reduce carbon emissions.

Data challenges may hamper productivity

While blockchain may appear as the ideal solution for tracing carbon emissions across mining and metals supply chains, data challenges must be taken into consideration.

Sal Ternullo, co-lead for U.S. Cryptoasset Services at KPMG, told Cointelegraph that capturing data cryptographically across the entire value chain will indeed transform the ability to accurately measure the carbon intensity of different metals. “It’s all about the accuracy of source, the resulting data and the intrinsic value that can be verified end to end,” he said. However, Ternullo pointed out that data capture and validation are the hardest parts of this equation:

“Where, when, how (source-cadence-process) are issues that organizations are still grappling with. There are a number of blockchain protocols and solutions that can be configured to meet this use case but the challenge of data capture and validation is often not considered to the extent that it should be.”

According to Ternullo, the sector’s lack of clear standards on how emissions should be tracked further compounds these challenges. He mentioned that while some organizations have doubled down on the Sustainability Accounting Standards Board’s capture and reporting standard, there are several other standards that must be evaluated before an organization can proceed with automation, technology and analytical components that would make these processes transparent to both shareholders and consumers.

To his point, Sandström mentioned that the current proof-of-concept focused on tracing carbon emissions in the copper value chain demonstrates that participants can collaborate and test practical solutions to sustainability issues that cannot be resolved by individual companies. At the same time, Sandström stated that the WEF is sensitive to how data is treated and shared: “Having an industry approach enables us to focus on practical and finding viable ways to deliver on our vision.”

An industry approach is also helpful, with Ternullo explaining that an organization’s operating models for culture and technology must be aligned to ensure success. This is the case with all enterprise blockchain projects that require data sharing and new ways of collaboration, which may very well be easier to overcome when performed from an industry perspective.



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The new ‘Bank of England’ is ‘no bank at all’

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As one of the first countries to industrialize in the 1760s, Britain’s manufacturing revolution instigated one of the greatest practical and ubiquitous changes in human history. But even more extraordinary than the cultural shift itself, is the fact that Britain’s industrialization remained way ahead of potential competition for decades. Only in the early 1900s did historians come to grips with the issues of causation. Max Weber’s pithy answer, “the Protestant work ethic,” pointed to Puritan seriousness, diligence, fiscal prudence and hard work. Others point to the establishment of the Bank of England in 1694 as a foundation for financial stability.

In contrast, continental Europe lurched from one national debt crisis to another, then threw itself headlong into the Napoleonic wars. Unsurprisingly, it was not until after 1815 that industrialization took place on the European mainland, where it was spearheaded by the new country of Belgium.

250 years later, another revolution has begun with the launch of Bitcoin (BTC), but this one is more commercial in nature than industrial. Though the full impact has yet to play out, the parallels between these two historical events are already striking.

Bitcoin may not match the obviousness of industrialization, but the underlying pragmatics touch on the very foundations of the non-barter economy. Like the establishment of the Bank of England, the creation of the cryptocurrency infrastructure has been prompted by ongoing and worsening threats to financial stability: systemic fault-lines created by macroeconomic challenges stemming from the 2008 financial crisis.

If you can’t beat ‘em, join ‘em…right?

Where a central bank once anchored financial enlightenment, it now plays the role of antagonist. For those who could “connect the dots” in 2008, there was the realization that central banks no longer existed as guardians and protectors of national currencies, but rather as tools for creating politicized market distortions, abandoning their duty to preserve wealth in favor of creating the conditions for limitless, cheap government debt. While many of the underlying intentions were benign, the process inherently worked to punish savers and reward reckless debt.

Meanwhile, it has steadily taken time for the potential of digital assets to reach their potential and approach something like critical mass, though thankfully full acceptance shouldn’t take as long as Britain’s industrial revolution. Over the past 12 years, cryptocurrencies have moved from unknown to novel to significant, growing interest. As a result, profound changes are underway, affecting the mechanics by which investors, the investment industry, wealth managers and even the commercial banking sector are engaging with cryptocurrencies.

This interest has accelerated as we enter into a period of deep economic uncertainty and growing awareness that structural soundness is shifting away from traditional investment options. Not only that, this growing financial innovation and public interest has largely occurred outside of the central banks’ control, if not outright antagonism led by the banks’ regulatory arms in government.

Now, many central banks are trying to join a game they’ve tried almost every way of beating, with digital currencies that adopt the glowing sheen of crypto innovation, but which also eschew the underlying innovations and philosophy that made those innovations so popular to begin with.

Follow or get out of the way

The popularity of cryptocurrency has largely been due to its protean fungibility — it has been whatever the independent financial community has needed it to be, from digital currency to speculative financial instruments to smart contracts that can power smart financial technology.

However hard central banks might try to co-opt the hype of cryptocurrency, cryptocurrency succeeding will mark the fundamental end of critical aspects of the central banking monopoly by offering a more competitive vehicle for facilitating commercial transactions and providing a more stable medium to store monetized assets. Cryptocurrencies actually offer real returns on “cash” deposits, something that the fiat banking system has long since abandoned. Most of all, cryptocurrencies reveal the fictitious nature of fiat currencies as a principle.

Cryptocurrencies as an ecosystem will increasingly constrain, redirect and set the parameters for government macroeconomic policies. Certainly, sound alternatives to fiat currencies will drive the latter to the periphery of commercial life, concomitantly reducing the number of tools the nation-state has at its disposal to regulate or respond to changing economic conditions. Above all, this means that government financial engagement can no longer be a rule unto itself. It will have to engage by the same principles as everyone else. A level playing field here has dramatic implications.

Against the backdrop of the essential limits of fiat currencies, current geo- and macroeconomic policies and a new emerging world order, cryptocurrencies offer vast potential as an efficiency facilitating frictionless commerce and investment, a medium of stability against uncertainty and inflation, increased security in value transfer and wealth management, optimum autonomy in an increasingly intrusive climate, and “cash” asset preservation/growth in a world of negative interest rates.

The edifice that supports the concept of a “global reserve currency” is also weakening. This will reduce political influence over global finance, as well as nations’ abilities to run a long-term balance of payments deficits, current account deficits and borrow at little or no interest. Indeed, given current trends, changes in trading mechanics may speedily evolve to the point that such “reserve currencies” no longer have a function at all. And cryptocurrency success will hasten the end of the U.S. dollar monopoly in global commerce.

The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

James Gillingham is the CEO and a co-founder of Finxflo. James is engaged in developing and implementing strategic plans and company policies, maintaining an open dialogue with stakeholders and driving organizational success. He is an expert in managing and executing high-level strategic objectives with more than 13 years’ experience in building, developing and expanding multinational organizations. His deep knowledge of financial markets, digital currencies and fintech has played a pivotal role in his success to date.