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Who Is Eligible to Operate, What Capital Is Required, and What Are the New Developments?

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Brazil’s New Crypto Rules Explained

Key Takeaways

  1. Brazil has rolled out its most comprehensive crypto regulations, aimed at integrating Web3 firms into traditional finance.
  2. All crypto service providers must now obtain a central bank license or shut down within nine months.
  3. New capital requirements set minimum thresholds between $2 million and $7 million, depending on the type of business.

For years, Brazil has been one of Latin America’s most vibrant crypto markets, bustling with exchanges, stablecoin issuers, and payment startups. However, as the crypto sector has grown, so too has the need for robust regulatory oversight. Recently, the Central Bank of Brazil (Banco Central do Brasil) announced significant new regulations to ensure that the thriving crypto landscape operates under tighter supervision.

The New Framework

This new set of regulations officially brings crypto companies into Brazil’s traditional financial system for the first time. This framework includes licensing, capital, and compliance requirements that mirror those of banks and brokerages, marking a pivotal shift in the way the country approaches digital currencies. Unveiled through Resolutions 519, 520, and 521, these regulations build on the 2022 Virtual Assets Law, which set the initial groundwork for oversight but left many gaps in enforcement.

Primary Regulator

With these new rules, the Central Bank emerges as the primary regulator for Brazil’s crypto sector, assuming responsibility for overseeing capital adequacy, anti-money laundering controls, and broader compliance measures. Starting February 2, 2026, all crypto companies operating in Brazil will be required to secure a formal license from the Central Bank. Failure to comply will grant these firms a nine-month grace period, after which they must cease operations by November 2026.

Licensing Requirements

To qualify for a license, companies will need to submit detailed documentation outlining their corporate governance, risk management, and operational procedures. Notably, only companies based in Brazil can apply directly for this license. Foreign exchanges will be required to establish a local subsidiary or partner with a licensed domestic entity to operate.

Capital Requirements

A significant aspect of the new regulations is the tiered capital requirement system, ensuring that firms maintain adequate reserves to cover operational risks. Here are the minimum capital thresholds set forth:

  • Exchanges and brokers: 37.2 million reais (approximately $7 million)
  • Custodians: 18.6 million reais (around $3.5 million)
  • Other service providers: 10.8 million reais (about $2 million)

These capital reserves must be maintained as both paid-in share capital and net equity. Furthermore, firms will be expected to adhere to strict anti-money laundering (AML) and counter-terrorism financing (CTF) policies.

Classification of Crypto Activities

Additionally, the new regulations formally classify certain stablecoin and crypto transfer activities as foreign exchange operations. This classification places them under Brazil’s capital market regulations, requiring adherence to cross-border reporting obligations that ensure regulatory compliance.

Enhancing Stability and Consumer Protection

Brazilian officials emphasize that the intent behind these regulations is not to stifle innovation but rather to bring stability and transparency to a marketplace that has grown too significant to overlook. By integrating crypto into the stipulations of the regulated banking system, the government aims to mitigate risks associated with fraud, enhance consumer protection, and improve oversight of the blooming stablecoin and remittance markets.

The structured approach allows for some innovation while requiring firms to operate under clear guidelines, providing an environment conducive to sustainable growth without driving innovation offshore.

Future Outlook

Although Brazil’s new crypto regulations will not formally take effect until early 2026, the transition period will serve as a litmus test for both startups and global exchanges that rely on Brazilian trading volumes. If successfully implemented, Brazil has the potential to become a regulatory benchmark in Latin America, showing how emerging economies can embrace cryptocurrency while enforcing accountability.

By taking these decisive steps, Brazil could set the stage for a more stable, secure, and innovative crypto landscape, benefiting all stakeholders involved in this dynamic sector.

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