How to Get a Crypto Exchange License in 2025: Step-by-Step Guide

published : Dec, 1 2025

How to Get a Crypto Exchange License in 2025: Step-by-Step Guide

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Getting a crypto exchange license isn’t just paperwork-it’s the difference between operating legally and risking fines, shutdowns, or criminal charges. In 2025, regulators worldwide are cracking down harder than ever. If you’re building a crypto exchange, you need more than a website and a wallet system. You need a license. And the process is complex, expensive, and varies wildly depending on where you want to operate.

Why You Need a License at All

You might think, "I’m just connecting buyers and sellers. Why does the government care?" The answer is money laundering. Crypto exchanges move billions in value every day. Without oversight, they become perfect tools for criminals. That’s why regulators treat them like banks.

In the U.S., any platform that converts cryptocurrency to fiat currency (like USD or AUD) or moves money between users is classified as a Money Transmitter a business that transfers funds between parties, including digital assets converted to or from traditional currency. That triggers a legal requirement: you need a Money Transmitter License (MTL) a state-issued permit allowing a business to legally transmit money, including cryptocurrency, on behalf of customers. Even if you only trade crypto-to-crypto, you still need to register as a Money Service Business (MSB) a federal designation under FinCEN for entities handling monetary transactions, including cryptocurrency exchanges with FinCEN.

Skip this step, and you’re not just breaking rules-you’re risking federal prosecution. The SEC and CFTC don’t just issue warnings. They freeze assets, shut down platforms, and go after founders personally.

Federal vs. State Requirements: The Two-Layer System

The U.S. doesn’t have one crypto license. It has two layers: federal and state. You need both.

At the federal level, FinCEN the Financial Crimes Enforcement Network, a bureau of the U.S. Treasury Department that enforces anti-money laundering laws for financial institutions, including crypto exchanges requires all crypto businesses handling transactions to register as an MSB. This isn’t optional. You file Form 107, pay a fee, and submit detailed AML and KYC procedures. Failure to register can lead to civil penalties up to $1 million per violation.

But federal registration is just the starting line. Each state has its own rules. Some states, like New York, demand a specialized BitLicense a regulatory license issued by the New York State Department of Financial Services (NYDFS) for businesses dealing in virtual currency. Others, like Illinois, don’t require a license for pure crypto-to-crypto trading. California requires $250,000 in financial backing. New York demands $500,000. Wyoming has a more flexible approach. Texas is still deciding.

If you want to serve customers in 10 states, you need 10 licenses. There’s no national crypto license. That’s why many startups start in one state-often Wyoming or Delaware-then expand later.

What You Must Have Before Applying

You can’t just fill out a form and hope for the best. Regulators want proof you’re serious. Here’s what they look for:

  • Business plan - Not a pitch deck. A real roadmap: how you’ll handle user onboarding, withdrawals, fraud detection, and system downtime.
  • AML/CFT program - This is non-negotiable. You need written policies for screening users, monitoring transactions, and reporting suspicious activity to FinCEN. You must use tools that flag high-risk addresses and geolocations.
  • KYC/KYB procedures - Every user must prove their identity. That means government ID, proof of address, and sometimes a selfie video. For business clients (KYB), you need corporate documents and beneficial ownership info.
  • Financial backing - Most states require proof you can cover losses. This means bank statements, audited financials, or a surety bond. The minimum varies from $250,000 to $500,000.
  • Insurance - Cyber insurance is mandatory. Some states also require fidelity bonds to protect against employee theft.
  • Legal structure - You’ll need a U.S.-based LLC or corporation. Personal accounts won’t cut it.
You also need a banking partner. Most traditional banks won’t touch crypto businesses. You’ll need a fintech bank like Silvergate (now defunct), Signature Bank (closed), or newer options like Mercury or Evolve Bank & Trust. Getting a bank account can take 6-12 months on its own.

Choosing Where to Apply

Not all states are equal. Here’s a quick breakdown:

State Licensing Requirements for Crypto Exchanges (2025)
State License Required Minimum Capital Processing Time
New York BitLicense $500,000 12-18 months
California MTL $250,000 6-9 months
Wyoming MTL $100,000 3-6 months
Texas MTL $250,000 6-12 months
Illinois None (for crypto-to-crypto) $0 N/A
Delaware MTL $150,000 4-8 months
If you’re just starting out, Wyoming is the most popular choice. It has clear rules, low capital requirements, and a pro-crypto legislature. Delaware is also popular for its business-friendly corporate laws. New York is the hardest-but if you get the BitLicense, you gain instant credibility with investors and banks.

U.S. map showing state licensing requirements, Wyoming highlighted as easiest path.

What Happens After You Apply

Once you submit your application, the regulator will dig into everything. They’ll interview your founders, audit your tech stack, test your KYC system, and check your bank records. They’ll ask for sample transaction logs. They’ll want to know how you handle hacks.

This isn’t a formality. It’s a real investigation. Many applications get rejected for minor issues-like using an unapproved KYC vendor or having a founder with a past financial violation.

If you’re approved, you’ll get your license. But the work isn’t over. You’ll need to file quarterly reports, renew your license annually, and update regulators if you change your business model. You’ll also need to pay annual fees ranging from $5,000 to $50,000 depending on volume.

Offshore Licenses: Faster, Cheaper, Riskier

If you don’t want to deal with U.S. red tape, you can get a license offshore. Places like Malta, Singapore, Estonia, and the Cayman Islands offer crypto licenses faster and cheaper. Malta’s license costs around $50,000 and takes 4-6 months. Estonia’s e-Residency program lets foreigners set up a company and get a license in under 90 days.

But here’s the catch: offshore licenses don’t give you access to U.S. banks. They don’t build trust with institutional investors. If you’re targeting American users, regulators will still treat you as unlicensed. And if you’re caught serving U.S. customers without a U.S. license, you’re still breaking the law.

Offshore licenses work best if you’re serving clients outside the U.S. or using them as a legal base for international operations. But if your goal is to build a U.S.-facing exchange, you need a U.S. license.

Common Mistakes That Get You Rejected

Most applicants fail-not because they’re unqualified, but because they make avoidable errors:

  • Using a personal bank account for business funds
  • Skipping background checks on co-founders
  • Using unapproved KYC providers (like basic ID scanners without facial matching)
  • Not having a real office address (virtual offices are often rejected)
  • Underestimating the time it takes (most take 8-18 months)
  • Thinking a legal firm can guarantee approval (no one can)
The biggest mistake? Waiting until you have users to start the process. You need the license before you launch. Period.

Crypto exchange dashboard blocked by license stamp while agents freeze assets.

Who Can Help You Navigate This

This isn’t something you can DIY unless you’re a lawyer who specializes in crypto regulation. You need help.

Firms like LegalBison a legal services provider specializing in cryptocurrency compliance, corporate structuring, and license acquisition for digital asset businesses have helped over 200 crypto companies get licensed since 2020. They handle everything: corporate setup, AML policy drafting, regulator communication, and banking introductions.

Don’t try to save money by using a general business lawyer. Crypto regulation is a niche field. One wrong document can cost you $100,000 in fines or a year of delays.

What’s Changing in 2025

Regulators aren’t slowing down. In 2025, the SEC is pushing for stricter rules on stablecoins. The CFTC is cracking down on unregistered derivatives trading. FinCEN is requiring real-time transaction monitoring for all MSBs.

New rules are coming for custodians, lending platforms, and even NFT marketplaces. If you’re planning to offer staking, lending, or yield products, you’ll need additional approvals.

The message is clear: compliance is no longer optional. It’s the core of your business model.

Final Checklist Before You Apply

Before you submit anything, ask yourself:

  • Have I formed a U.S. legal entity (LLC or corporation)?
  • Do I have a physical office address (not a PO box)?
  • Have I selected a compliant KYC/AML vendor?
  • Do I have $250,000+ in liquid assets or a surety bond?
  • Have I drafted a full AML/CFT policy with training procedures?
  • Have I contacted a bank that works with crypto businesses?
  • Have I hired a crypto-specialized legal team?
If you answered yes to all of these, you’re ready. If not, don’t apply yet. You’ll waste time and money.

Can I operate a crypto exchange without a license?

No. If you’re exchanging crypto for fiat or moving money between users, you’re legally required to have a Money Transmitter License in the U.S. Operating without one exposes you to federal charges, asset seizures, and personal liability. Even if you think you’re small or don’t have many users, regulators don’t care about size-they care about activity.

How long does it take to get a crypto exchange license?

It typically takes 8 to 18 months, depending on the state. New York’s BitLicense can take over a year due to intense scrutiny. States like Wyoming or Delaware may approve applications in 4-6 months if everything is perfect. Delays usually happen because applicants submit incomplete documents or fail background checks.

Do I need a license if I only trade crypto-to-crypto?

In most U.S. states, yes. Even if you don’t touch fiat, you’re still handling money transmission under federal law if users can deposit and withdraw crypto. You’ll need to register as an MSB with FinCEN. Some states, like Illinois, don’t require a state license for crypto-only platforms, but you still need federal registration. Never assume you’re exempt.

How much does it cost to get a crypto exchange license?

Total costs range from $150,000 to $750,000+. This includes legal fees ($50,000-$150,000), capital requirements ($100,000-$500,000), insurance ($10,000-$50,000), KYC/AML software ($20,000-$80,000), and annual renewal fees. Most first-time applicants underestimate by 50%.

Can I get a license if I’m not a U.S. citizen?

Yes, but you’ll need to form a U.S.-based legal entity-like a Delaware LLC or Wyoming corporation. Your personal background will still be reviewed. If you have a criminal record, financial violations, or ties to sanctioned countries, your application will likely be denied. Non-U.S. residents must also prove they can comply with U.S. reporting laws.

about author

Aaron ngetich

Aaron ngetich

I'm a blockchain analyst and cryptocurrency educator based in Perth. I research DeFi protocols and layer-1 ecosystems and write practical pieces on coins, exchanges, and airdrops. I also advise Web3 startups and enjoy translating complex tokenomics into clear insights.

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