FAQ

Frequently Asked Questions

Answers to common questions about international company formation, licensing, AML compliance, regulatory support, and banking preparation.

The information below is provided for general guidance only and does not constitute legal advice. Regulatory requirements may vary depending on the jurisdiction, business model, ownership structure, and intended activities.

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31 question(s) — tap a row to read the answer

General Questions

Who do you usually work with?

We work with international entrepreneurs, startups, fintech companies, crypto businesses, payment service providers, gaming operators, investment projects, and established companies that need assistance with incorporation, licensing, or regulatory compliance.

Our clients often come to us when they need to choose a suitable jurisdiction, prepare documentation, understand regulatory requirements, or structure their business before applying for a licence or opening a corporate bank account.

Can you help me choose the best jurisdiction for my business?

Yes. We can help you compare jurisdictions based on your business activity, target markets, licensing requirements, banking needs, tax considerations, substance requirements, reporting obligations, and expected timeline.

There is no single “best” jurisdiction for every business. The right option depends on what your company will actually do and where it will operate.

Can you guarantee that my company, licence, or bank account will be approved?

No. No professional provider can ethically guarantee approval by a government authority, regulator, financial institution, or bank.

What we can do is help you prepare the application properly, identify potential risks, organize the required documents, communicate clearly, and improve the overall quality of the submission.

Company Formation

Can Bergers Legal help with company formation in foreign jurisdictions?

Yes. We assist with company incorporation in multiple jurisdictions, depending on the client’s business activity, ownership structure, tax considerations, and regulatory needs.

Our support may include jurisdiction selection, company structure planning, document preparation, incorporation coordination, registered office support, and post-incorporation guidance.

What documents are usually required to incorporate a company?

The required documents depend on the jurisdiction and type of company. In most cases, clients are asked to provide identification documents, proof of address, information about shareholders and directors, company name options, business activity description, and source of funds information.

Additional documents may be required for regulated businesses, complex ownership structures, or companies with corporate shareholders.

How long does company incorporation usually take?

The timeline depends on the jurisdiction, corporate structure, document readiness, and workload of local authorities or agents.

Some companies can be incorporated within a few business days, while regulated or more complex structures may take longer. Before starting, we provide a realistic estimate based on the selected jurisdiction and scope of work.

Can you help with both incorporation and licensing?

Yes. In many cases, incorporation is only the first step. Businesses in fintech, crypto, gambling, forex, payment services, or financial services may also need regulatory analysis, licence preparation, AML documentation, and compliance procedures.

We can help structure the process so that the company is formed in a way that supports the intended licensing or banking strategy.

Can you help with corporate changes after incorporation?

Yes. We can assist with changes such as director updates, shareholder changes, company name changes, registered office updates, corporate document requests, and other post-incorporation matters, depending on the jurisdiction.

Licensing and Regulatory Compliance

What is an MSB licence or MSB registration?

MSB stands for Money Services Business. Depending on the jurisdiction, MSB registration may apply to businesses involved in money transmission, foreign exchange, payment services, remittance, virtual asset-related services, or similar financial activities.

Requirements differ significantly between countries. For example, Canada and the United States have different MSB registration and compliance frameworks.

Can you help with MSB registration in Canada?

Yes. We can assist with Canadian MSB registration support, including business model review, documentation preparation, compliance program support, AML policies, risk assessment, and guidance on regulatory expectations.

The exact requirements depend on the company’s activities, ownership structure, and services offered.

Can you help with MSB registration in the United States?

Yes. We can assist with U.S. MSB registration support, including FinCEN-related preparation and general compliance documentation.

However, businesses operating in the United States may also need to consider state-level money transmitter licensing requirements. The federal MSB registration alone may not be sufficient for every business model.

Can you help with crypto licensing?

Yes. We assist crypto and virtual asset businesses with jurisdiction selection, regulatory analysis, application preparation, AML documentation, and crypto licensing support where available.

Crypto regulation changes frequently, so each project should be assessed individually based on its services, token model, custody arrangements, target markets, and operational structure.

Can you help with gambling licences?

Yes. We provide support for selected gambling and gaming licensing matters, depending on the jurisdiction, business model, target markets, software providers, payment methods, and compliance requirements.

Gaming and gambling regulation is highly jurisdiction-specific, so the first step is usually to review the business model and identify suitable licensing options.

Can you help with forex licensing?

Yes. We can assist with forex licensing support in selected jurisdictions, including jurisdiction comparison, application preparation, compliance documentation, and general regulatory guidance.

Forex licensing requirements vary widely and may depend on whether the business acts as a broker, introduces clients, handles client funds, provides investment services, or operates under another model.

Can you help with EMI or payment institution licensing?

Yes. We can assist with selected EMI, payment institution, and payment services-related matters, including preliminary regulatory analysis, jurisdiction comparison, documentation preparation, and compliance support.

These applications are usually more complex and require detailed business plans, governance arrangements, safeguarding procedures, AML policies, risk management documentation, and financial projections.

AML and Compliance

Do you prepare AML and compliance documentation?

Yes. We can assist with AML and compliance documentation tailored to the client’s business model and jurisdiction.

This may include AML policies, KYC procedures, customer risk assessment methodology, sanctions screening procedures, transaction monitoring framework, internal controls, reporting procedures, and compliance program documentation.

What is included in an AML compliance program?

An AML compliance program usually includes internal policies, customer due diligence procedures, risk assessment, suspicious activity reporting procedures, sanctions screening, transaction monitoring, staff training, record-keeping rules, and compliance officer responsibilities.

The exact scope depends on the jurisdiction, business activity, customer profile, and regulatory framework.

Why is AML compliance important for licensing and banking?

AML compliance is often a key requirement for regulated businesses. Regulators and financial institutions want to understand how a company identifies customers, assesses risk, monitors transactions, screens sanctions lists, and prevents misuse of its services.

A weak or generic AML program can create delays, additional questions, or rejection risks during licensing or banking processes.

Can you create a compliance program for a startup?

Yes. We can help startups create practical compliance documentation that reflects their current stage, business model, risk profile, and regulatory obligations.

A startup compliance program should be clear, realistic, and scalable. It should not be copied from another business or filled with procedures the company cannot actually follow.

Banking and Financial Services Support

Can Bergers Legal help open a corporate bank account?

We can assist with bank account preparation and support, including reviewing the company structure, preparing a banking profile, organizing documents, explaining the business model, and identifying potential banking options.

Final approval always depends on the bank or financial institution.

Why do banks reject corporate bank account applications?

Banks may reject applications for many reasons, including unclear business activity, incomplete documents, high-risk jurisdictions, complex ownership structures, lack of substance, weak compliance procedures, source of funds concerns, or mismatch between the company profile and the bank’s risk appetite.

Proper preparation can reduce these risks, but it cannot guarantee approval.

What documents do banks usually request?

Banks commonly request incorporation documents, shareholder and director information, identification documents, proof of address, business description, contracts or invoices, website information, source of funds or source of wealth details, expected transaction volumes, and compliance documentation.

Regulated businesses may be asked to provide licences, AML policies, business plans, and information about customers and payment flows.

How does the process usually work?

The process usually starts with an initial review of the client’s business model, target jurisdictions, ownership structure, and goals.

After that, we define the scope of work, confirm the required documents, prepare or coordinate the necessary materials, and guide the client through the incorporation, licensing, compliance, or banking support process.

How do I know which service I need?

If you are not sure which service applies to your business, you can contact us with a short description of your activity, target markets, ownership structure, and goals.

We will help identify whether you need company formation, licensing support, compliance documentation, banking preparation, or a combination of services.

Do you work with clients remotely?

Yes. Most matters can be handled remotely through email, secure document exchange, calls, and online communication.

Some jurisdictions may require notarized, apostilled, or physically signed documents. If this applies, we will explain the requirements before the process begins.

How much do your services cost?

The cost depends on the jurisdiction, type of service, complexity of the structure, regulatory requirements, government fees, and third-party costs.

Before starting, we provide a clear scope of work and pricing so the client understands what is included and what may require additional fees.