LKS Consult OÜ – Practice areas – Financial Licenses in Estonia
Financial Licenses in Estonia
The Estonian State controls the activities of financial companies in two ways:
There is no single law on licensing financial companies in Estonia, so there is no unified procedure for obtaining activity licences or registering activity notifications.
Each ministry or agency that controls a particular type of company’s activity determines its procedure and procedure for obtaining a licence.
Applying for a licence or notifying on activity is required after the company’s registration and before the commencement of activities in the area where licensing is required.
Obtaining financial licences in Estonia
Filing an application and obtaining a financial licence is a consistent procedure established by law, requiring strict compliance with specific formal and material requirements arising from the relevant legal acts.
LKS Consult OÜ can provide full legal support for obtaining a financial licence in Estonia and advise on all requirements established by law for the applicant company. Our lawyers will prepare and submit to the regulator an application with all supporting documentation necessary for the successful completion of the licensing procedure.
It should be considered that in the case of financial activities, obtaining a license is mandatory regardless of where the Estonian company operates. The necessary financial permit must be obtained in the country of registration in order to avoid possible complications and fines from the regulator in the future.
Consideration of the application
An application to obtain a financial licence is considered by the regulator from 60 to 180 days from submitting all necessary documents. An initial response to accept your application will be received no later than three working days after its submission. Your company (contact person) will be notified of the license issue by e-mail specified in the application. A financial licence in Estonia is issued electronically and is valid indefinitely (unless a request for a license for a fixed period has been submitted).
Modification of licence terms
If the circumstances under which the financial licence was issued have changed, the regulator must be notified at least 30 days before the planned changes. If the change concerns the board, the proxy, the actual beneficiary or the owner of the company, a statement of no applicable penalty should be attached to the notification (certificate of absence of a criminal record from the country of residence not older than three months certified by a notary, with apostille or legalisation), if the person concerned is a citizen of a foreign State, the personal data of the new participant in the financial company (documents confirming conformity with the positions held – education, work experience, specialisation courses, financial knowledge) and a certified copy of the identity document.
LKS Consult OÜ can assist in obtaining the following financial licences:
FREQUENTLY ASKED QUESTIONS
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Why does a company need an operating license?Estonian legislation allows entrepreneurs to provide various financial and investment services and offer support services based on the state license of the financing institution.
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What kind of financial activity can a company perform in Estonia?According to the Estonian Commercial Code, Estonian companies are allowed to carry out any financial activity not prohibited by law.
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How are the activities of financial institutions controlled in Estonia?The authorities control the activity in two possible ways — licensing (https://www.fi.ee/en) and activity notification (mtr.mkm.ee).
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Is there a single license for every type of financial activity?No, there is not. You need to obtain a corresponding license for every kind of financial activity.
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Is there a standard procedure for obtaining every license?No, there is not. There is no single law on licensing financial companies in Estonia, so there is no unified procedure for obtaining activity licences or registering activity notifications. Each ministry or agency that controls a particular type of company’s activity determines its policy and procedure for obtaining a license.
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When do I need to apply for a license?After the company’s registration and before the commencement of activities in the area where licensing is required.
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If a company operates outside Estonia, do I still need to obtain a license?A financial licence must be obtained in the country of registration in order to avoid possible complications and fines from the regulator in the future.
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How long does it take to consider the application?An application is considered by the regulator from 60 to 180 days from the time of submission of all necessary documents.
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What if circumstances are about to change?In that case, the regulator must be notified at least 30 days before the planned changes.