Providers of exchange services between virtual currencies and fiat currencies, between different types of virtual currencies, and custodian wallet providers, fall under the scope of the Hungarian AML Act (Act LIII of 2017 on the prevention and combatting of money laundering and terrorist financing). Among other things, they need to conduct a full customer due diligence : a) when establishing a business relationship; b) when carrying out an occasional transaction that amounts to HUF 4.5m or more; c) with persons trading in goods, when carrying out occasional transactions in cash amounting to HUF 3m or more; d) when carrying out an occasional transaction that constitutes a transfer of funds exceeding HUF 300,000; e) regarding any transaction for the exchange of money involving a sum amounting to HUF 300,000 or more. According to the Hungarian AML Act, ‘Custodian wallet provider’ means an entity that provides services to safeguard private cryptographic keys on behalf of its customers, to hold, store and transfer virtual currencies. The Hungarian AML Act also applies to financial services institutions, including but not limited to payment institutions, regarding their activities that fall within the framework of payment services and electronic money institutions, and their activities falling within the framework of issuance of electronic money and payment services. Consequently, the AML Act applies to e-money token issuers. | Cryptocurrencies and NFTs (non-fungible tokens) are not regulated by the financial services regulation in Hungary. Asset-referenced tokens and utility tokens are not regulated by Hungarian law. However, security tokens can fall under the scope of the financial services regulation (securities) depending on what kind of right is securitised in the tokens. This means that STOs can be deemed as securities in Hungary. STOs are currently unregulated in Hungary and it is decided on a case-by-case basis whether an STO-like scheme would fall under securities or investment regulations. In this case, the following Hungarian acts will apply: - Act CXXXVIII of 2007 on the investment funds (Hungarian Investment Fund Act); and
- Act CXX on capital markets (Hungarian Capital Market Act).
E-money tokens are regulated by: - Act CCXXXV of 2013 on Payment Service Providers (Hungarian PSP Act);
- Act LXXXV of 2009 on the provision of payment services (Hungarian Payment Services Act); and
- Act CCXXXVII on credit institutions and financial enterprises (Hungarian Banking Act).
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