Forex Licence in Lithuania
Forex, or foreign exchange, market is an institution where currencies can be bought and sold. It’s the largest financial market in the entire world, operating 24 hours, 5.5 days a week and promising high returns to those who’re willing to accept high risks. Forex trading offers such benefits as flexibility and plenty of trading options at low transaction costs.
Before starting to plan any forex activities in Lithuania, it’s important to note that only companies holding a financial brokerage licence issued by the supervisory authority of the Republic of Lithuania or another EU country may provide investment services in Lithuania. A company licensed in another EU country has the right to provide investment services in Lithuania, with or without the establishment of a branch.
A financial brokerage licence is granted by the Financial Services and Markets Supervision Department of the Bank of Lithuania, who regulates financial and investment services as well as securities markets according to the local act “Law on the Markets of Financial Instruments of the Republic of Lithuania”. The department ensures that financial brokerage and management companies operate reliably, i.e. have sufficient capital, are liquid and manage their risks properly. All licensed operators are listed on the website of the Bank of Lithuania.
Forex Licence in Lithuania
- Assessment of shareholders required for the procedure
- Assessment of the manager with duties and responsibilities performed properly
- Assessment of the information about close relations with other natural and legal persons in the Republic of Lithuania
- Assessment of confirmation of the share capital requirement, in your case, 150 000 EUR
- Assessment of description of the office and equipment
- Assessment of the information regarding financial brokers to be employed
- Assessment of confirmation of the payment for the state fee
- Assessment of the documents and information confirming compliance with requirements for brokerage firms
- Assessment of the information regarding implementation of money laundering and terrorist financing prevention measures
The Pre-Application stage:
- Support when filling out the initial application form for the Bank of Lithuania
- Assistance in the preparation of documents describing the structure of the company
- Assistance in developing a business plan that meets the requirements Bank of Lithuania
- Analysis of the project platform/website, a guide to its presentation to the Bank of Lithuania
- Assistance in opening an account for the subsequent payment of the authorized capital of the company
- Communication with the regulator at the application stage,
- Organization of a meeting with representatives of the Bank of Lithuania
- Assessment of all the requirements met by the Client
- Preparing all the necessary information for the procedure.
- Introducing the representatives of a prospective financial brokerage firm to the regulation applied in Lithuania,
- Pre-Application meetings and discussions with specialists of the Bank of Lithuania
- Submission of documents to the Bank of Lithuania
- Assistance in the construction of the list submitted documents and their contents
- Assistance in submission of an application for a financial brokerage firm licence to the Supervision Service of the Bank of Lithuania
- The Supervision Service within 5 business days, reviews whether all necessary documents have been submitted and, where no formal deficiencies are identified
- Submitting the application for consideration to the Bank of Lithuania
- Assistance in examining an application for a financial brokerage firm licence and attached documents before handing in the application.
- Assistance in remarks and preparation of additional documents if The Supervision Service requests.
- The Supervision Service usually submits comments to the applicant for a financial brokerage firm license by asking to submit additional information or documents. In such a case, the time limit for review is extended.
- After finishing assessment of submitted documents, the Board of the Bank of Lithuania analyses summary information submitted by the Supervision Service and takes a decision regarding the issuance of a license or requests remarks and additional documents to be presented.
- The license is issued within the shortest possible 6 months.
Advantages of a forex licence:
- Licence fees are relatively affordable
- Inexpensive ownership and operating costs
- Can operate worldwide
- Relatively affordable capital contribution
It should be clear by now that if you’re preparing to embark on a new forex business journey, one of the first steps you’ll have to take is obtaining a forex licence, which is mandatory for regulatory purposes. Prior to starting the application process, you usually have to either establish a Limited Liability Company (UAB) or open a branch office in Lithuania. Furthermore, you’ve got to make sure that your business reputation is intact and transparent and there are no negative records about the company’s operational activities (e. g. bankruptcy or convictions).
The subjects of the licence requirements are divided into the following categories: licence holder, company shareholders, and office with staff in Lithuania. Company in Lithuania UAB will be pleased to provide a detailed personalised consultation, if you wish to find out more about the specific requirements, start taking action and ultimately grow your forex business.
A forex licence holder is entitled to provide the following services:
- Acceptance and transmission of orders
- Execution of orders on behalf of clients
- Conclusion of transactions on own account
- Management of financial instruments portfolio
- Provision of investment recommendations
- Signing and/or distribution of financial instruments with an obligation to distribute them
- Distribution of financial instruments
- Administration of the multilateral trading system
- Administration of an organised trading facility
Before submitting an application for the issuance of a licence for a forex company, it is necessary to pay a state fee for the issuance of a licence to the account of the State Tax Inspectorate, which is currently 947 EUR.
Forex Licence Application Requirements for Companies
The Bank of Lithuania requests that detailed documents be provided when submitting the application. The duration of the evaluation of the application depends on the specifics of planned activities and the business plan.
The following key elements must be taken into consideration before deciding to apply for a forex licence in Lithuania:
- The submitted documents must comply with the requirements established by the legal acts regulating the activities of the financial brokerage company and its supervision, all correct data established by the legal acts or additionally required must be submitted.
- Meeting the minimum capital requirement of a financial brokerage company – standard authorised capital for such a company is 150,000 EUR, but the amount may vary depending on specific activities, detailed in the aforementioned local legal act.
- Persons holding a qualified share of the authorised capital and/or voting rights of the financial brokerage company must be able to ensure sound and prudent management of it, demonstrate excellent reputation and financial reliability.
- The company’s managers must be of impeccable reputation, have qualifications and experience that allow them to perform their duties properly.
- The business plan must be in line with the capacity of the founders of the financial brokerage company (holders of shares and/or voting rights) to implement it, and the company must be ready to provide financial services safely and reliably at the time of licensing.
In order to ensure reliable and prudent management of forex companies, it’s necessary to have comprehensive arrangements, appropriate to the nature, scale and complexity of the financial activities, including an organisational structure that ensures separation of functions as well as clearly defined vertical and horizontal responsibilities. Moreover, it’s imperative to design a well functioning system for identifying and controlling the risks that may arise, including reliable administrative arrangements and an accounting system.
Currently, 659 companies in Lithuania can provide services as Financial brokerage company or Financial brokerage firms of EU Member States
Company in Lithuania UAB will be pleased to support you in obtaining a forex, or a financial brokerage, licence in Lithuania. With dedicated legal advisors, tax experts and financial accountants at your side, you will find the application process easy, simple and transparent.
Frequently asked questions
Currency is bought and sold on the forex market, or foreign exchange market. In addition to being the largest financial market around the world, it also offers high returns to those who are willing to take on high risks. There are many benefits to forex trading, including low transaction costs, flexibility, and plenty of trading options.
The Republic of Lithuania or another EU country may only issue financial brokerage licences to companies holding licenses issued by the financial supervision authority. Investment services can be provided by companies licensed in another EU country, with or without an office in Lithuania.
Based on the local act “Law on the Markets of Financial Instruments of the Republic of Lithuania”, the Financial Services and Markets Supervision Department of the Bank of Lithuania grants a licence for financial brokerage, which regulates financial and investment services as well as securities markets. Assuring that financial brokerages and management companies operate reliably means ensuring that they are adequately capitalized, liquid, and manage their risks properly. It is possible to find a list of all licensed operators on the website of the Bank of Lithuania.
Forex licenses have the following advantages:
- There is a relative affordability to licence fees
- Expenses associated with ownership and operation
- International operations are possible
- Contribution to capital that is relatively affordable
Getting a forex license is a mandatory step for regulatory purposes if you’re contemplating a forex business venture. The first step in the application process usually entails establishing a Limited Liability Company (UAB) or opening a branch office in Lithuania. You should also make sure that your company’s reputation is intact and transparent, and that there are no negative records about the company’s operational activities (e.g. bankruptcy or conviction).
The following services may be provided by holders of forex licences:
- Orders are accepted and transmitted
- Client-directed order execution
- Completion of transactions on one’s own account
- Managing the portfolio of financial instruments
- Recommendation of investments
- Creating an obligation to distribute financial instruments by signing and/or distributing them
- Financial instruments are distributed
- System of multilateral trading administration
- Managing a trading facility that is organised
The State Tax Inspectorate requires that a state fee of 947 EUR be paid before an application for the issuance of a licence for a forex company can be submitted.
Detailed documents are required when submitting an application to the Bank of Lithuania. Based on the business plan and the specifics of the planned activities, the evaluation of the application will take a certain amount of time.
A forex license in Lithuania must take the following factors into account:
- Financial brokerage companies must submit documents that comply with legal requirements governing their activities and supervision, and all correct information required by the legal acts.
- In accordance with the aforementioned local legal act, the minimum capital requirement for a financial brokerage company is 150,000 EUR, although the amount may be higher or lower depending on specific activities.
- Financial brokerage companies must demonstrate excellent reputation, financial stability, and sound management by individuals holding qualified shares of the authorised capital and/or voting rights.
- A company’s managers must be capable of performing their duties properly, have impeccable reputations, and have the necessary qualifications and experience.
- At the time of licensing, the business plan must be compatible with the capability of the company’s founders (shareholders and/or voting rights) to implement it.
The management of forex companies needs to be reliable and prudent, which is why comprehensive arrangements need to be in place, which are appropriate to the financial activities’ nature, scale and complexity, as well as an organisational structure that ensures function separation and clear vertical and horizontal responsibilities. Additionally, an accounting system and an administrative arrangement that are reliable are essential for identifying and controlling risks.
In Lithuania, there are currently 659 companies that are eligible to provide financial brokerage services.