Assessment of authorisation enquiries and ICOs

SFMA assesses enquiries from natural persons and legal entities with regard to whether the intended business activities require a licence and are therefore subject to supervision. The assessment of authorisation enquiries and ICOs involves analysing specific and isolated facts under financial market law. Further information can be found in the ICO guidelines for enquiries regarding the regulatory framework for initial coin offerings (ICOs) and in the supplement to these guidelines.

This SFMA page gives applicants and supervised institutions a practical view of the assessment of authorisation enquiries and icos topic. It explains when a licence, approval, notification or registration may be needed, what information should be prepared, and which changes may require contact with the authority.

Regulatory focus

The review focuses on whether the applicant is organised in a way that is suitable for assessment of authorisation enquiries and icos within the FinTech area. SFMA will normally look at governance, financial resources, responsible persons, risk controls, compliance arrangements, auditability, outsourcing and whether the planned activity can be carried out without creating avoidable risks for clients, investors, policyholders or market integrity.

Ongoing duties

Material changes should be assessed before implementation. Changes in ownership, management, organisation, business activity, documents, outsourcing, risk models or the decision to stop a licensed activity can require prior approval or notification. Applicants and licence holders should keep the authorisation basis aligned with their actual operating model.

Preparing a complete file

Applicants should keep the submission concise but complete: describe the activity, legal structure, people responsible, control framework, financial resources, relevant documents and any cross-border elements. Where uncertainty remains, the issue should be highlighted early rather than left to emerge during review.