Custodial wallet / SaaS in Guernsey

VASP Definition: The GFSC recognizes "virtual asset custody wallet providers" as a type of VASP. Providing such services falls within the scope of regulated activities.

The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000: https://www.gfsc.gg/commission/laws-regulations/fiduciaries-law

Application Process: Prospective licensees must submit a comprehensive application to the GFSC, demonstrating:

Adequate financial resources (capital requirements vary based on the nature and scale of the business).

Core Principle: Licensed custodians must ensure that client virtual assets are clearly separated and identifiable from the firm's own assets. This is crucial for investor protection, particularly in the event of insolvency of the custodian.

On-chain segregation: Ideally, client assets are held in distinct, segregated wallet addresses or accounts on the blockchain that are clearly identifiable as belonging to clients, not the firm.

Robust internal accounting: Where technical commingling might occur for operational reasons (e.g., using shared liquidity pools in some complex scenarios), the firm must maintain impeccable internal records and accounting that clearly delineate each client's beneficial ownership and entitlements. However, direct on-chain segregation is generally preferred and expected for primary custody.

Legal Ownership: The legal framework must ensure that clients retain beneficial ownership of their assets.

Best Practice Expectation: While not explicitly mandated as "cold storage," GFSC's expectations regarding the safeguarding of client assets effectively necessitate the use of industry best practices. For digital assets, this means that a significant portion (and ideally the vast majority) of assets under custody should be held in "cold" (offline) storage environments to minimize exposure to online threats.

Key Management: Firms must demonstrate highly secure key generation, storage, and recovery processes, often involving multi-signature schemes and geographically distributed backups.

Capital Requirements: Instead of mandatory insurance, the GFSC imposes capital requirements designed to ensure that firms have sufficient financial resources to withstand operational shocks.

Best Practice: Carrying adequate insurance coverage (such as crime insurance, cyber insurance, or professional indemnity insurance) is highly recommended and would be viewed favorably by the GFSC as part of demonstrating a sound and responsible business. It's often a commercial necessity for attracting clients.

Risk Management Expectation: However, insurance and bonding are considered critical components of a robust risk management framework. The GFSC expects licensed custodians to assess their operational risks thoroughly, including those unique to digital assets (e.g., cyber theft, key loss, insider fraud), and to implement appropriate mitigation strategies.

Risk-Based Approach (RBA): VASPs must assess the money laundering and terrorist financing risks associated with their business, customers, products, services, and geographic areas. This assessment dictates the level of CDD applied. Virtual assets and related services are generally considered to carry higher inherent risks.

Identify the Customer: Obtain proof of identity (e.g., passport, national ID card for individuals; incorporation documents, registers for legal entities).

Verify the Customer's Identity: Use reliable, independent source documents, data, or information. For individuals, this often involves documentary evidence and potentially non-documentary methods. For legal entities, verification of existence and legal form.

Identify the Beneficial Owner (BO): For legal persons or arrangements, identify and verify the identity of the natural person(s) who ultimately own or control the customer (typically 25% ownership threshold, or control via other means).

Collect Source of Funds/Wealth Information: Understand where the customer's funds/virtual assets originate from.

Enhanced Due Diligence (EDD): EDD is required in situations where there is a higher risk of ML/TF. This includes, but is not limited to:

Politically Exposed Persons (PEPs).

Customers from high-risk jurisdictions.

Non-face-to-face business relationships without additional safeguards.

Ongoing Monitoring: VASPs must continuously monitor customer relationships and transactions to ensure they are consistent with the VASP's knowledge of the customer, their business, and risk profile. Any significant changes in customer behaviour or circumstances must trigger a review of CDD.

Sanctions Screening: All customers and transactions must be screened against applicable sanctions lists (e.g., UN, UK, EU, Guernsey).

Obligation to Report: VASPs have a legal obligation to report any knowledge, suspicion, or reasonable grounds for suspicion of money laundering or terrorist financing to the Financial Intelligence Unit (FIU). This includes attempts to launder money or finance terrorism.

No Tipping-Off: It is an offence to "tip-off" a customer or any third party that a suspicious transaction report has been or will be made.

Internal Reporting: VASPs must have internal procedures for employees to report suspicions to a designated Money Laundering Reporting Officer (MLRO) or Deputy MLRO. The MLRO is then responsible for evaluating the internal report and deciding whether to file an STR with the FIU.

The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Regulations, 2017 (as amended): These Regulations provide the detailed requirements for financial services businesses (which include VASPs for AML/CFT purposes) concerning customer due diligence, record-keeping, and internal controls.

Unlicensed activity: The GFSC has a licensing regime for Virtual Asset Service Providers (VASPs). Enforcement might occur for operating without a license, but public records don't typically detail large fines specifically for this in recent years.

Enforcement actions might involve confidential settlements or outcomes that are not fully disclosed publicly, especially for smaller breaches.