The Nigeria Securities and Exchange Commission (“SEC”) by a press release issued on August 29, 2024, announced that it has granted two Digital Asset Exchanges an “Approval in Principle” under the Accelerated Regulatory Incubation Program (“ARIP”). The framework for ARIP was introduced by SEC in June 2024 (see our previous newsletter for details) for the purpose of onboarding virtual asset exchange companies.
With this new update there is more clarity on the regulatory requirements for companies wishing to provide crypto trading services in Nigeria. In view of the forgoing we have set out guidelines for companies wishing to provide crypto trading services in Nigeria.
1.
Are all Crypto Trading Companies Required to Register with SEC?Yes, all digital exchanges and platforms wishing to provide crypto trading services in Nigeria are required to register under ARIP and obtain the approval of SEC in order to provide such services in Nigeria.
2.
What Approval will be Issued by SEC to Qualified Companies.Upon undergoing registration under ARIP, an Approval in Principle will be granted to eligible companies. Once the condition for the Approval in Principle given by SEC has been satisfied by the company, the company will then be given full registration by SEC.
3.
Is the Company required to be Incorporated in Nigeria?Yes, all companies wishing to provide crypto trading services must be registered with the Corporate Affairs Commission (CAC). The Certificate of Incorporation is one of the documents that is required to be shown for registration under the ARIP.
4.
Registration RequirementsAccording to the rules set by SEC, digital asset exchanges specifically are required to have a minimum paid-up capital of 500 million naira and must maintain a fidelity bond covering 25% of the paid-up capital of the company. Additionally, the Chief Executive officer and other principal officers of the company must possess relevant university degrees and at least five years of cognate experience. Furthermore, digital asset exchanges must obtain a “No Objection” letter from SEC before commencing its operations and trading any virtual or digital assets.
5.
Do these rules apply to Foreign Business wishing to operate Crypto Trading Companies in Nigeria?
Yes, these rules apply to foreign companies wishing to provide crypto trading services in Nigeria including incorporating a company with the CAC for the purpose of providing the services.
As the market for digital assets continues to grow, businesses interested in entering this space must ensure full compliance with the regulatory requirements set out by SEC and other relevant authorities.
We advise that companies wishing to provide crypto trading services work closely with their legal advisors to ensure that they successfully operate within the confines of the relevant regulations.
Source.
https://pavestoneslegal.com/operating-a-crypto-trading-company-in-nigeria-regulatory-requirements/#:~:text=Yes%2C%20all%20digital%20exchanges%20and,provide%20such%20services%20in%20Nigeria.