Head of International Corporate Law and Fintech Practice
Expert in fintech, crypto, and international corporate law with over 20 years of experience. Specializes in crypto licensing (VASP/CASP), iGaming business support, and international structuring, asset protection, and OSINT analytics for risk assessment and due diligence.
GETTING AN AEMI LICENSE IN THE UK
In 2023, one of the most relevant countries for doing business is the UK. The legislation of the country is sufficiently adapted to obtain a license in the implementation of financial activities of the FCA.
When is permission needed?
In the case of a turnover with virtual transactions of more than 5 million euros or more than 3 million euros with other payment services.
AEMI license features
First of all, an AEMI license in the UK guarantees financial market customers confidence in the country’s financial system as a whole.
AEMI license recipients will have equal access rights to the country’s financial market.
Advantages of AEMI license:
- Ability to legally reside in the UK
- Financial market stability
- The official language for communication and documentation is English.
What financial business can be bought in the UK?
- Bank
- IT company
- Ready-made company with an open bank account
Basic requirements for obtaining an AEMI license:
- Primary place of employment must be in the United Kingdom
- All company management decisions must be made in the UK
- MLRO must also be in the UK
- Having a clear and consistent business plan
- A mechanism for managing the company and its internal control has been developed
- Clear tools have been developed to regulate information security, as well as a developed security policy
- Existing mechanism for combating financial crimes
- Ways to control whether payment details were kept private
- Providing evidence that the company will meet capital requirements, as well as how financial data security requirements will be met
- Occupational insurance exclusively for AIS/PIS
- Information about the top management of the company
AEMI License Procedure
In order to obtain this type of license, you must contact the local financial regulator (FCA), acting on the basis of the Directive on payment services.
The FCA in the UK is the main regulator of the country’s financial market after the UK left the European Union.
Any company that intends to carry out activities related to finance in the UK must obtain permission from the FCA. The regulation covers insurance services, electronic means, payments and other money services.
The AEMI license must fully comply with the FCA. Before considering an application for a license, the FCA analyzes in detail the business plan, financial risks and other mandatory data about the company, its owners and managers.
When obtaining a license, detailed attention should be paid to the fact that it will allow legally providing financial services and issuing electronic money exclusively in the UK. If a company has a SEMI license, then it has every chance of obtaining an AEMI license.
Documents for AEMI license
- Full list of payment services
- Detailed business fees and operating procedures of the company
- Description of the company structure
- Evidence of start-up capital
- Documents confirming the plan to save money in bank accounts
- Documentation of the company that will regulate the management of the company, the management of the security system and the activities related to handling customer complaints
- The procedure that will provide information on messages related to confidential and payment data is described in detail.
AEMI License Taxation
- The tax for obtaining permission for the UK payment system is 5 thousand pounds sterling, if the company provides money transfer services, then another 1500 pounds sterling.
- Permission for transactions with virtual money – 5 thousand pounds sterling.
- For small electronic payments and electronic money – about 500 pounds.
- There is also an obligation for the licensee to pay an annual fee set by the FCA after authorization of the company’s services.
But for each AEMI license, personal documents are installed.
Therefore, obtaining an AEMI license is not an easy process, but it is quite real. This is what attracts many investors.
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Do you need advice on obtaining an AEMI license?
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Are you ready to consider buying a business with an already valid AEMI license?
Is a payment licence required if the company operates through a third-party payment provider?
Not necessarily. It all depends on the functions your company actually performs. If it only uses the infrastructure of a licensed provider and does not independently provide regulated services, a separate licence may not be required.
Can a company obtain a payment licence in one EU country and operate in other countries?
In the EU, the ability to provide payment services cross-border depends on the specific regulatory regime and completion of the relevant procedures. The mere fact of holding a licence does not automatically grant the right to operate in any country without additional formalities.
Can a payment licence be obtained without a finished FinTech product?
Product development may be at different stages, but the regulator must clearly understand what the company plans to do, how its operational and technological model will function, and how customers and their funds will be protected. Therefore, it is better to define the licensing strategy before the full product launch.
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