crypto licence
Crypto Licence (MiCA CASP) in Romania for Founders and Groups
The Romanian company a crypto-asset service provider applies with under MiCA, the EU crypto-assets regulation, built for its seat, management and director rules.
- EU transitional period ended 1 July 2026
- Safeguards EUR 50,000 to 150,000 by class
- EU-resident director required
- MiCA's clock: a decision within 40 working days of a complete file (art. 63(9))
The company comes first: its seat, its directors and its file are set up before any authority sees an application.
MiCA authorisation starts with the right Romanian company
MiCA, Regulation (EU) 2023/1114, has applied since 30 December 2024 (art. 149(2)), and only an authorised crypto-asset service provider (CASP) or an art. 60 entity may provide crypto-asset services. We handle the Romanian side, from forming a Romanian company as a non-resident to the corporate file, for new ventures, lapsed national registrants, regulated groups and providers entering from abroad.
The company must carry a registered office in a member state, effective management in the EU and at least one EU-resident director (art. 59(2)), with prudential safeguards far above the 500 lei minimum of a new SRL. The role of the ASF (Financial Supervisory Authority) rests on a May 2025 draft ordinance not shown as adopted in official sources checked on 13 and 14 October 2026.
Where the law stands on 16 October 2026
What binds a crypto business in Romania today, and what the May 2025 draft only proposes; the date in the heading moves with every update.
Status on 16 October 2026: MiCA, Regulation (EU) 2023/1114, and the Romanian laws in force, set apart from the draft emergency ordinance of 23 May 2025.
| Item | Position | Status and source |
|---|---|---|
| MiCA applies | Since 30 December 2024 (art. 149(2)) | In force: MiCA |
| Providers under national law | Could continue until 1 July 2026 at the latest, or until granted or refused an authorisation (art. 143(3)); ESMA, relayed by the ASF, told unauthorised providers to stop taking new clients and users to check the ESMA register | In force: MiCA, ASF notice |
| Who may provide the ten crypto-asset services | An authorised CASP, or an entity listed in art. 60 (art. 59(1), art. 3(1)(16)) | In force: MiCA |
| Romania's implementing act | A draft emergency ordinance published for consultation on 23 May 2025; on 13 and 14 October 2026 the ASF listed no CASP procedure and no national MiCA act | Draft, adoption not confirmed: draft ordinance, ASF authorisation page |
| Competent authority | The May 2025 draft proposes the ASF (Autoritatea de Supraveghere Financiară) for CASPs, and the BNR (Banca Națională a României, National Bank of Romania) for e-money tokens issued by banks and e-money institutions | Draft: draft ordinance |
| Technical opinion | The May 2025 draft proposes an opinion (aviz tehnic) of the ADR (Authority for the Digitalisation of Romania) on the IT systems before filing, a fee set by ministerial order and a technical audit every 2 years | Draft: draft ordinance |
| Supervisory levy | The May 2025 draft proposes a monthly levy of 0.5% of operating income, paid to the ASF | Draft: draft ordinance |
| National conditions | The May 2025 draft proposes no tax arrears, no final conviction and a clean fiscal record (cazier fiscal); unauthorised provision as a criminal offence; a national transitional regime ending 30 November 2025 (draft only; the EU period ended 1 July 2026 at the latest, art. 143(3)) | Draft: draft ordinance |
| DAC8 reporting | A reporting crypto-asset service provider reports to ANAF by 15 March for the previous year; 2026 is the first year, so the first report is due by 15 March 2027 (Fiscal Procedure Code art. 2916 and Annex 6, inserted by OUG 71/2025) | In force since 1 January 2026: Fiscal Procedure Code |
| Anti-money laundering | CASPs are financial institutions under Law 129/2019 (art. 2(g)(8)); standard due diligence from EUR 1,000 (art. 13(22)); a CASP authorised in another member state that operates here under the right of establishment other than through a branch sets up a single contact point in Romania and sends its contact data within 5 days of starting (art. 321) | In force: Law 129/2019 |
What's included
The Romanian company
An SRL or SA on standard forms the founders sign, filed at the trade register (ONRC) under their power of attorney, with crypto-asset services in the object, a registered office (sediu social) and a management structure that meets art. 59(2); you appoint the EU-resident director.
An existing company adapted
A company you already own, brought to the same position by registering a change at the Trade Register: object, seat or administrators (mențiuni, recorded changes).
The vehicle mapped to the safeguards
A schedule of the Annex IV class, the overheads test and own funds or insurance, set against company-law capital. The class is fixed with your lawyer.
The corporate and identity file
Articles, the LEI step, register extracts, the ownership chain to the qualifying holders, identity and criminal-record documents: collected, translated and checked against the art. 62(2) list.
The payment account
Coordination with the bank for the account in Romania, due within 60 working days of formation, a duty since 1 January 2026. The bank decides.
Home-state checklist
Romania today set against authorisation elsewhere and a passport into Romania, with the Romanian contact-point duty. The choice stays with you and your lawyer.
Liaison and the hand-over list
ONRC filings, translations for the authority's information requests, the corporate side of a passport notice, the list of ongoing duties; ANAF forms filed, and the DAC8 report your accountant signed submitted, under your power of attorney.
Where the service stops
No authorisation granted, held, sold or applied for in our name. Perimeter opinion and legal drafting by a Romanian lawyer; no tax advice or bookkeeping; no director or shareholder supplied; no date promised.
How the process works
law a term set by law none no official time published, or draft only
- I
Scope the services and the class
Client and Romanian lawyer
- no official time is published
- II
Choose the home state
Client and adviser
- no official time is published
- III
Form or adapt the company
Us and the ONRC registrar
- registrar: one working day, the statute's term (art. 105(1) Law 265/2022, 2022 text)
- IV
Fund the safeguards, open the account
Client and bank
- payment account within 60 working days of formation
- V
Build the application file
Client, lawyer and us
- no official time is published
- VI
ADR technical opinion
ADR, if the draft is adopted
- May 2025 draft only
- VII
File, and the authority's clock
Competent authority
- 5 / 25 / 40 working days
- one suspension, at most 20 working days
- VIII
Register, start, passport
ESMA and the provider
- ESMA within 2 working days
- use within 12 months
- passport: by the 15th calendar day
Scope the services and the class
You and a Romanian lawyer map the business onto the ten services and its Annex IV class; a bank, investment firm or e-money institution may use the art. 60 notification route instead.
Choose the home state
Romania, where the May 2025 draft proposes the ASF but no procedure is listed, or another member state and a passport in. You and your adviser decide.
Form or adapt the company
Founders sign the standard forms; we file at ONRC through our SRL formation service or an SA. Art. 105(1) Law 265/2022 (2022 text) gives the registrar one working day: the law's term, not a promise.
Fund the safeguards, open the account
Own funds or insurance at the Annex IV amount, or a quarter of projected fixed overheads if higher; the payment account in Romania within 60 working days of formation.
Build the application file
Items (a) to (s) of art. 62(2): you write the policies with your lawyer, compliance and IT staff; we coordinate translations and the corporate documents. No official time is published.
Draft only: the ADR technical opinion
The May 2025 draft proposes an ADR opinion on the IT systems before filing, its fee set by ministerial order. Not law.
File, and the authority's clock
Receipt acknowledged within 5 working days, completeness within 25, a decision within 40 working days of a complete file (MiCA art. 63); one information request, made by the 20th working day, suspends the assessment for at most 20 working days; later requests do not suspend it. The authority decides.
Register, start, passport
ESMA is notified within 2 working days of the grant; services start within 12 months; passported services by the 15th calendar day. First DAC8 report by 15 March 2027: see the tax filing calendar in Romania.
Can your planned company carry MiCA's structure rules?
We check the seat, the EU-resident director, the safeguards against the capital and the ownership chain before anything is filed. No authorisation is promised.
Documents you will need
The application list is MiCA's; the corporate filing is Romania's.
- The business plan in your words: services, customers, member states.
- Passport or identity card of every founder, director and qualifying holder.
- Criminal-record certificates; proof of no commercial, insolvency, financial or AML penalties.
- CVs, track record and time commitment of the management body.
- The EU-resident director's identity and evidence of EU residence.
- The ownership chain to every qualifying holder, with the amounts held.
- Own funds evidence or a one-year insurance policy; projected first-year fixed overheads.
- Programme of operations, policies and ICT documentation, written with your specialists.
- Signed standard forms, the ONRC power of attorney, proof of a sediu social in Bucharest.
- Draft only: a fiscal-record extract (cazier fiscal) and proof of no tax arrears.
The ASF has published no rules on apostille, translation or document age, so none is stated here.
Capital, safeguards and state costs
Two layers of capital, company law and MiCA, and what the state charges; our own fee is quoted on request.
MiCA safeguards under Regulation (EU) 2023/1114 Annex IV, company capital under Law 239/2025 and Law 31/1990, and the costs the May 2025 draft proposes.
| Item | Amount or rule | Status and year | Source |
|---|---|---|---|
| Class 1 safeguard: execution of orders, placing, transfer services, reception and transmission of orders, advice, portfolio management | EUR 50,000 | MiCA Annex IV, art. 67(1)(a); in force since 30 December 2024 | MiCA |
| Class 2 safeguard: Class 1 plus custody and administration, exchange for funds, exchange for other crypto-assets | EUR 125,000 | MiCA Annex IV; in force since 30 December 2024 | MiCA |
| Class 3 safeguard: Class 2 plus operating a trading platform | EUR 150,000 | MiCA Annex IV; in force since 30 December 2024 | MiCA |
| Overheads alternative | One quarter of the previous year's fixed overheads if higher, reviewed annually; projected overheads in a new CASP's first 12 months | art. 67(1)(b), 67(2); in force | MiCA |
| Form of the safeguards | Own funds, an insurance policy or comparable guarantee, or both; a policy has an initial term of at least one year and at least 90 days' notice of cancellation | art. 67(4), 67(5); in force | MiCA |
| Company-law capital (not a fee, not the safeguard) | 500 lei for a new SRL; 90,000 lei for an SA | Law 239/2025 art. VI(2); Law 31/1990 art. 10(1), text of January 2024 | Law 239/2025, Law 31/1990 |
| ASF authorisation fee for a CASP | None published | The ASF authorisation page lists no CASP procedure or tariff (checked 13 October 2026) | ASF |
| ADR technical-opinion fee | To be set by ministerial order | May 2025 draft only, not law | Draft ordinance |
| Monthly supervisory levy | 0.5% of monthly operating income from authorised activities, paid by the 15th of the next month | May 2025 draft only, not law | Draft ordinance |
| Fine for not holding a payment account in Romania | 3,000 to 10,000 lei | Law 70/2015 art. 12(4), inserted by Law 239/2025; in force since 1 January 2026 | Law 239/2025 |
Trade register (ONRC) fees are left out: no official schedule could be confirmed.
Company law
- New SRL: 500 lei (Law 239/2025 art. VI(2))
- SA: 90,000 lei (Law 31/1990 art. 10(1), text of January 2024)
Not a fee, not the safeguard
MiCA safeguards
- Class 1: EUR 50,000
- Class 2: EUR 125,000, adds custody and exchange
- Class 3: EUR 150,000, adds a trading platform
Annex IV, art. 67. Or one quarter of fixed overheads, if higher. Held as own funds or insurance
Two separate layers: meeting the first says nothing about the second.
Problems we solve
Still trading on an old national registration
The EU transitional period ended on 1 July 2026 at the latest, and unauthorised providers were told to stop taking new clients. We start from the company the authorisation will need.
Draft features read as Romanian law
The 0.5% levy, the ADR clearance and the national 30 November 2025 deadline appear only in the May 2025 draft. The file follows MiCA's own list; draft items are tracked, not assumed.
"EU office and EU director, probably"
MiCA requires an EU registered office, EU management and at least one EU-resident director. A non-EU shareholder moving here to manage looks at the D/AC long-stay visa for a shareholder-manager.
Buying a licensed company instead
A 20%, 30% or 50% holding needs prior notice and an assessment within 60 working days of the acknowledgement, which an information request can suspend; an authorisation unused for 12 months is withdrawn. None of the ready-made SRLs on our list carries one: they are vehicles only.
Romania or another home state
In Romania no ASF procedure is published yet; an authorisation elsewhere can be passported in with no physical presence (art. 59(7)); a provider established here other than through a branch also sets up a Romanian contact point. We set out the conditions; the choice is yours.
A bank account for a crypto company
A payment account in Romania is law; whether Romanian banks accept crypto businesses has not been verified, and nothing is promised. See the e-money alternatives to a Romanian bank account.
Authorised in another member state and entering Romania?
We set out the passport notice, the Romanian contact-point duty for a provider established here other than through a branch, and the DAC8 filing dates the law fixes.
Who prepares your CASP structure
Licensing and founder immigration lead, Bucharest. Romanian, English, Italian.
Company formation is AML-regulated work in Romania (Law 129/2019 art. 2(l)).
From our practice
We form the company first, then track the corporate and identity part of the file against MiCA's list, starting with the EU-resident director and the ownership chain. The authority decides; a Romanian lawyer drafts the legal documents.
Frequently asked questions
Is Romania's MiCA law in force, and does the ASF accept crypto applications today?
MiCA, the EU crypto-assets regulation, has applied since 30 December 2024. The only Romanian implementing text found is a draft emergency ordinance of 23 May 2025, not shown as adopted in official sources checked on 13 and 14 October 2026, when the ASF listed no procedure for crypto-asset service providers. No Romanian filing date can be given.
Can I keep operating under my old national registration now that the transitional period is over?
No. Providers operating under national law could continue only until 1 July 2026 at the latest, or until they were granted or refused an authorisation, under MiCA art. 143(3). ESMA, in a statement relayed by the ASF, told unauthorised providers to stop taking new clients and advised users to check the ESMA register.
Can I buy an authorised crypto company in Romania instead of applying?
Buying a qualifying holding of 20%, 30% or 50% of a crypto-asset service provider, or control of it, needs prior notice. The authority assesses it within 60 working days of acknowledging it; a request can suspend that by up to 20 working days, 30 more for a non-EU acquirer (MiCA art. 83). A ready-made SRL carries no crypto authorisation.
Is a 500 lei SRL enough capital for a crypto business?
For company law, 500 lei is the minimum capital of a newly formed SRL (Law 239/2025 art. VI(2)). MiCA's prudential safeguards are a separate layer: EUR 50,000, 125,000 or 150,000 depending on the services, or one quarter of fixed overheads if higher, held as own funds or an insurance policy or comparable guarantee.
Can the company be owned and run from outside the EU?
The applicant needs a registered office in a member state, its place of effective management in the EU and at least one director resident in the EU (MiCA art. 59(2)). Owners outside the EU are possible, but the authority vets them as qualifying holders in the application. The EU-resident director is the client's own appointment; we supply none.
Can you guarantee the authorisation or a date?
No. The competent authority of the home member state decides on the application, and we never apply in our own name or hold an authorisation. Only the authority's own clock is set by MiCA, and no Romanian filing date exists until a procedure for crypto-asset service providers is published.
Who issues the crypto licence in Romania?
Under MiCA the competent authority of the home member state grants the authorisation and notifies ESMA within 2 working days for its register. The May 2025 draft proposes the ASF as that authority for crypto-asset service providers, and the BNR for e-money tokens issued by banks and e-money institutions. Its adoption is not confirmed.
How much capital does a crypto-asset service provider need under MiCA?
The higher of the Annex IV amount, EUR 50,000, 125,000 or 150,000 depending on the class of services, and one quarter of the previous year's fixed overheads, reviewed every year (MiCA art. 67). A new provider uses its projected overheads. The safeguards may be own funds, an insurance policy or comparable guarantee, or a combination.
How long does the authority take to decide?
Receipt is acknowledged within 5 working days and completeness assessed within 25 working days. The decision follows within 40 working days of a complete application and is notified within 5 working days (MiCA art. 63). One information request suspends the assessment for at most 20 working days. Preparing the file has no official duration.
What goes into the application file?
MiCA art. 62(2) lists the items: the LEI and the articles, a programme of operations, proof of the prudential safeguards, governance arrangements, fit-and-proper evidence for the management body, the qualifying holders, AML and business-continuity policies, ICT documentation, segregation of client assets, complaints handling and service-specific policies. We assemble the corporate and identity part.
What does a crypto licence in Romania cost in state fees?
The ASF publishes no authorisation fee for crypto-asset service providers. The May 2025 draft proposes a fee for a technical opinion by the Authority for the Digitalisation of Romania and a monthly levy of 0.5% of operating income, both draft only. The prudential safeguards and the company capital are not fees. Our own price is on request.
What are the requirements for a crypto licence in Romania?
Under MiCA: a registered office in a member state, effective management in the EU and an EU-resident director; prudential safeguards by class of services; and a complete application file with fit-and-proper and qualifying-holder evidence. The May 2025 draft proposes national conditions on top, such as no tax arrears and a clean fiscal record.
Can a Romanian CASP serve clients in other EU countries?
Yes. The provider notifies its home authority, which forwards the notice within 10 working days, and services may start at the latest on the 15th calendar day after the notice, with no physical presence needed in the host state (MiCA art. 65, 59(7)). Banks, investment firms and other listed firms may use the art. 60 notification route instead.
What does DAC8 require a crypto company in Romania to report to ANAF?
A reporting crypto-asset service provider reports to ANAF by 15 March for the previous calendar year; 2026 is the first reporting year, so the first report is due by 15 March 2027. Users who withhold the required data after two reminders cannot carry out exchange transactions. Records are kept five to ten years. We submit the report your accountant prepared.
Which AML rules apply to a crypto business in Romania?
Romania's anti-money-laundering law, Law 129/2019, lists crypto-asset service providers among financial institutions. They apply standard customer due diligence from EUR 1,000, for a single transaction or linked ones. A provider authorised in another member state and established here other than through a branch sets up a single contact point and sends its contact data within 5 days.
Request your CASP structure review
The review covers the vehicle, the safeguards against the capital, the corporate and identity file, the payment account and the ongoing-duty list.