Licensing authority:

Regulatory authorities are represented by the AMF and the ACPR (French Prudential Supervision and Resolution Authority), which responsible for the following:

• AMF - responsible for handling applications for CASP authorization. It also supports French crypto companies by organizing resources, workshops, and guidance materials to help them adapt to MiCA. Additionally, the AMF ensures that these companies comply with AML and CFT standards. It collaborates with the ESMA to implement unified measures and oversee the implementation of CASP standards related to customer protection, corporate governance, disclosure, and transparency.
• ACPR - it stands as the banking and financial stability regulator and plays a crucial role in overseeing cryptocurrency operations to ensure their strength and adherence to the French economic system. Collaborating with the AMF, it manages the transition to the new MiCA regime, ensuring that CASPs meet the required financial safeguards and transaction controls.

Thus, while the AMF focuses on supervising market aspects and compliance with MiCA standards for CASPs, the ACPR is primarily responsible for ensuring financial stability and compliance at the national level.

Requirements for key persons

1. Senior managers (directors):

   • Number: MICA does not specify a minimum and maximum number of directors. However, MICA states (part 2, article 59) that there shall be at least several directors.
   • Residency requirements: At least one director must be an EU resident.
   • General requirements: Directories must have a solid reputation, necessary skills, and relevant experience.
   • Required documents:
   1. a clean criminal record;
   2. a detailed CV;
   3. statements on time commitment and past professional conduct.

2. Shareholders:

   • Number: MICA does not specify a minimum and maximum number of shareholders.
   • Residency requirements: There is no restriction.
   • General requirements: Shareholders must have a solid reputation, necessary skills, and relevant experience.
   • Required documents:
   1. a clean criminal record;
   2. an ownership structure chart.

Capital requirements

Capital requirements vary depending on what services the company will provide:

Class 1: A CASP authorized for the following crypto-asset services:

• execution of orders on behalf of clients;
• placing of crypto-assets;
• providing transfer services for crypto-assets on behalf of clients;
• reception and transmission of orders for crypto-assets on behalf of clients;
• providing advice on crypto-assets; and/or
• providing portfolio management on crypto-assets.

Minimum capital requirements - €50,000.

Class 2: A CASP authorized for any crypto-asset services under Class 1 and:

• providing custody and administration of crypto-assets on behalf of clients;
• exchange of crypto-assets for funds; and/or
• exchange of crypto-assets for other crypto-assets.

Minimum capital requirements - €125,000.

Class 3: A CASP authorized for any crypto-asset services under Class 2 and:

• operation of a trading platform for crypto-assets.

Minimum capital requirements - €150,000.

Documentation requirements

There are list of documents that must be submitted with the application:

1. Documents required for all CASPs:
   • The articles of association of the applicant CASP
   • Identity and proof of good repute, knowledge, skills, experience and of sufficient time commitment of the members of the management body
   • Information relating to shareholders or members with qualifying holdings
   • A program of operations setting out the types of crypto-asset services that the applicant CASP wishes to provide, including where and how these services are to be marketed
   • A description of the applicant CASP’s prudential safeguards (insurance policy)
   • A description of the applicant CASP’s governance arrangements and internal control mechanisms
   • A description of the applicant CASP’s business continuity plan
   • Detection and prevention of money laundering and terrorist financing (full packet of policies)
   • Descriptions both in technical and non-technical language of applicant CASP’s IT systems and security arrangements
   • A description of the applicant CASP’s procedures to handle complaints from clients
2. Documents required in case CASP wishes to offer services in other countries:
   • List of EU countries where the company wishes to offer its services
3. Documents required for certain services (each of the 10 services requires its own documents):
   • Custody and administration policy
   • A description of the procedure for the segregation of client’s crypto-assets and fund
   • The operating rules of the trading platform and market abuse detection
   • Information on the exchange of crypto-assets for funds or other crypto-assets (commercial policy)
   • The execution policy
   • Information on the provision of advice or portfolio management on crypto-assets
   • Information on transfer services

Capital Gains Tax (CGT)

France applies specific tax rules to capital gains, which vary depending on the type of asset, the holding period, and the nature of the taxpayer (individual or corporate).

Capital gains from most financial investments, such as stocks, bonds, and cryptocurrency, are subject to a 30% flat tax:

• 12.8% income tax
• 17.2% social contributions (CSG, CRDS, etc.)

Personal Income Tax (PIT)

France uses a progressive income tax system with five brackets:

• up to €11,294 - 0%
• from €11,295 to €28,797 - 11%
• from €28,798 to €82,341 - 30%
• from €82,342 to €177,106 - 41%
• more than €177,106 - 45%