EMI in Estonia

EMI license and how to get it in Estonia.

Estonia is an EU member state with a simplified tax system and one of the lowest corruption rates in the world. Corporate tax in Estonia is 20% (undistributed profits are not taxed). From a business perspective, the electronic money and services industry has massive potential, particularly with EU licensing. Since January 2018, Estonia has revised the law regulating the activities of payment institutions. Until 01/13/2018, despite the fact that the activities of electronic money have already been regulated by the legislator, the license for e-money in Estonia had a serious limitation. According to clause 6.5 of Chapter 1 of the Payment Institutions and E-money Institutions Act of 2014 edition, after the release of e-money, electronic devices could not simultaneously store electronic money exceeding the equivalent of 1,000 euros, while in total for calendar year, the maximum allowable amount was the equivalent of 2500 Euros.

According to 2018 edition of the Law (hereinafter the Law), the above restriction in Clause 6.5 of Chapter 1, which was the main reason for the refusal of most investors to decide to obtain a license for e-money in Estonia, was canceled. This change is an extremely important step in the development of the e-money business in Estonia.

Features of e-money in Estonia

According to the 2018 edition of the Law, electronic money is a monetary value that is stored on an electronic medium, expressing a monetary claim against the issuer and meets the following requirements:

  • Electronic money can be issued only at the face value of the amount of the received cash payment;
  • The use of electronic money in payment transactions may only occur for transactions within the meaning of subsection 709(6) of the Law of Obligations Act;
  • Issued electronic money must be accepted as a payment instrument by at least one person other than the one who issued it.

In addition to issuing e-money, according to the Law, EMIs in Estonia also have the right to carry out the following activities:

  • Provide payment services.
  • Provide loans related to payment services, if such loans do not use funds received or held for payment transactions. Permitted, provided that the payment institution's own assets can cover potential losses in such transactions.
  • Give extra items services closely related to the issuance and administration of e-money or payment services.
  • Launch and maintain payment systems.
  • Unless otherwise provided by law - other activities not related to the issuance of electronic money.

It is important to note that the activity of e-money in Estonia implies the possibility of providing loans, however, such loans cannot be provided through the use of funds received in exchange for e-money.

Estonia EMI requirements

  • A legal entity registered in the territory of Estonia, with a description of its organizational structure, the order in which agents, branches or service transfers will be used, information on involvement in national and international payment systems;
  • Confirmation of contributed capital from 350,000 Euros;
  • A short description of the course of action or Action plan outlining what payment services are planned to be provided, including information about electronic money services;
  • A business plan that includes:
    • Organization chart;
    • Internal control and management system;
    • A description of the responsibilities, rights and obligations that relate to the provision of the scheduled services;
    • List of requirements of clause 16.1 of the Law;
    • Such a Business Plan must cover at least the next three years.;
  • Designed company structure to ensure the security and protection of customer funds;
  • Information about IT and other resources and systems responsible for providing scheduled services;
  • Description of measures to ensure compliance with AML requirements and prevent terrorist financing;
  • Auditor information;
  • Detailed description of the company's risk policy.

In order to obtain an EMI in Estonia (electronic money institution in Estonia), please contact the qualified specialists of Minerlink.