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Capital and Equity Requirements for Cryptocurrency Asset Platforms

Capital and Equity Requirements for Cryptocurrency Asset Platforms

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Capital and Equity Requirements for Cryptocurrency Asset Platforms
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I’m Evren ozmen, a CPA based in Istanbul, advising remote workers, freelancers, and international founders on Turkish tax and cross-border structuring. I focus on practical tax strategies around: 100% service export income deduction Tax residency in Turkey Company formation for foreigners Remote work and international income I break down complex tax rules into clear, actionable guidance — without losing the legal and compliance reality behind them. info@ozmconsultancy.com 🇹🇷 Türkiye genelinde; yazılım ve dijital ürün geliştiren şirketler, yurt dışına uzaktan hizmet sunan profesyoneller, Teknopark firmaları, oyun stüdyoları ve mobil uygulama şirketlerine Türkçe ve İngilizce mali ve vergisel danışmanlık hizmetleri sunuyoruz. 📘 Insights & Publications: https://medium.com/@evrenozmen 📩 For Online Tax Advisory & Accounting Services/Danışmanlık-Mali Müşavirlik Hizmetleri: info@ozmconsultancy.com

Capital and Equity Requirements for Cryptocurrency Asset Platforms

This report provides an overview of the statutory capital and equity requirements applicable to cryptocurrency asset platforms and custodial institutions. The provisions outlined in Articles 34 and 35 are designed to ensure financial stability, protect customer assets, and mitigate market risks.


I. Capital Requirements

Article 34 establishes the minimum capital requirements for both cryptocurrency asset platforms and custodial institutions. The requirements are as follows:

  • Platforms:

    • Minimum Capital: 150,000,000 Turkish Lira

    • Provision Deadline: Revised capital amounts must be provided no later than the end of June of the relevant year (in accordance with Article 53).

  • Custodial Institutions:

    • Minimum Capital: 500,000,000 Turkish Lira

    • Provision Deadline: Similarly, revised capital amounts must be fully met by the end of June of the relevant year.

The table below summarizes these requirements:

Entity TypeMinimum Capital RequirementAdditional Notes
Platform150,000,000 TLRevised capital amounts must be provided by the end of June (per Article 53).
Custodial Institution500,000,000 TLRevised capital amounts must be provided by the end of June (per Article 53).

II. Equity Requirements

Article 35 sets forth the operating equity (özsermaye) requirements for cryptocurrency asset service providers. Key provisions include:

  1. Minimum Operating Equity:

    • The operating equity of a cryptocurrency asset service provider must not be lower than the minimum capital requirement specified in Article 34.
  2. Paid/Issued Capital Requirement:

    • By the end of June each year, at least 25% of the operating equity must be provided as paid-in or issued capital.
  3. Liquid Reserve Requirement:

    • For platforms, the operating equity must not be lower than the required liquid reserve.
  4. Additional Equity for Custodial Institutions:

    • If the total value of customer assets held by a custodial institution is up to 1,000,000,000 TL, no additional equity is required.

    • If customer asset values exceed 1,000,000,000 TL, the institution must hold additional equity equal to 1.5% of the excess amount over 1,000,000,000 TL.

    • Once the operating equity reaches 1,500,000,000 TL, no further additional equity is required.

  5. Monitoring of Additional Equity Requirements:

    • The additional equity requirement is monitored at the end of March, June, September, and December.

    • The calculation is based on the three-month arithmetic average of the customer asset totals, as determined at month-end.

The following table encapsulates these equity requirements:

Requirement AspectProvision
Minimum Operating EquityMust not be lower than the capital requirement established in Article 34.
Paid/Issued CapitalAt least 25% of the operating equity must be provided as paid or issued capital by the end of June each year.
Liquid Reserve RequirementFor platforms, the operating equity must not fall below the liquid reserve requirement.
Additional Equity for Custodial Institutions- Up to 1,000,000,000 TL: No additional equity required. - Above 1,000,000,000 TL: Additional equity of 1.5% on the excess is required, unless operating equity reaches 1,500,000,000 TL.
Monitoring FrequencyEvaluated at the end of March, June, September, and December using the three-month arithmetic average of monthly customer asset totals.

III. Conclusion

The statutory framework requires cryptocurrency asset platforms and custodial institutions to maintain robust capital and equity levels. These measures aim to bolster financial stability, safeguard customer assets, and reduce systemic risk. By adhering to these regulations, service providers are better positioned to manage liquidity and operational challenges in a dynamic market environment.

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