Fintech and crypto: legal and compliance capacity for licensing and MiCA

Short answer: Fintech and crypto firms need extra legal and compliance capacity mainly for licence applications and for operations afterwards. Since 1 July 2026, crypto-asset service providers in the EU may only operate with MiCA authorisation. The Swiss FinTech licence (Art. 1b Banking Act) requires, among other things, compliance and anti-money laundering regulations. An interim crypto compliance officer can close the gap.

This guide is for founders, management teams, general counsel and heads of compliance at fintech and crypto firms in Switzerland and Germany. It sets out the work a licensing project creates, the roles you need for it and what stays with the company.

When fintech and crypto firms need additional capacity

Additional capacity is usually needed when a regulator expects a complete application while the team is still running the business. The European Securities and Markets Authority (ESMA) confirmed on 17 April 2026 that the MiCA transitional period ends across the EU on 1 July 2026. Any entity providing crypto-asset services to EU clients without a MiCA licence after that date is in breach of EU law and must stop offering them.

• First licence application: a start-up or scale-up wants to accept public deposits or crypto-assets, or to offer crypto-asset services, and needs a FINMA licence or MiCA authorisation.
• Entering the EU market: a Swiss provider wants to serve EU clients. It needs authorisation in one member state, which then applies throughout the Union (recital 76 MiCA).
• Requests for further information: BaFin, the German regulator, requests missing documents with a deadline, usually four weeks. Every working week counts.
• Vacancy in compliance or AML: the person responsible for policies and controls leaves during the procedure or shortly after the licence is granted.
• Wind-down or client migration: without authorisation, ESMA expects an orderly wind-down plan, for example transferring client crypto-assets to an authorised provider.

What a licence application requires: MiCA and the Swiss FinTech licence compared

Both procedures demand far more than a form: business plan, organisation, controls, ICT and anti-money laundering must be documented before operations start. The table compares the requirements that matter for planning legal and compliance work.

MiCA does not apply in Switzerland. A Swiss firm serving EU clients therefore also needs authorisation in a member state. Groups with entities in both jurisdictions do best to run the work as one project with two application packages.

Six steps to a well-staffed licensing project

A licensing project works when the business model, the documents and the people are ready at the same time. This sequence works well:

1. Classify the business model: which services, which crypto-assets, which clients and countries? This determines which licence or authorisation you need.
2. Run a gap analysis: compare the requirements of Art. 62 MiCA or the FINMA guidelines item by item with the current state.
3. Split the work into packages: regulations and policies, AML, outsourcing agreements, ICT documentation, client documents, documents on governing bodies and shareholders.
4. Staff each package: decide who works on it internally and where interim professionals add capacity.
5. File and respond: track the authority's deadlines in the project plan and have answers approved internally.
6. Hand over to operations: document controls, policies and reporting lines so the internal team can run them after the licence is granted.

Roles and capacity: the profiles a fintech licensing project needs

Most projects need a mix of regulatory experience, anti-money laundering expertise and contract work. The table maps typical roles to tasks and level.

Alpinum Solutions provides these profiles through staff leasing or freelancing, as an individual or a team, part-time or full-time with a workload of 20–100%. Selected profiles are usually available within 48 hours; the start date is agreed between the company and Alpinum. Professionals can also take on formal functions, for example as the anti-money laundering unit in Switzerland (Art. 25(4) FINMA AML Ordinance) or as money laundering reporting officer in Germany (Section 7(4) German Anti-Money Laundering Act). For an MLRO, regulatory rules may rule out an external mandate or require staff leasing. The guide Interim MLRO or AML project team explains which option fits.

For handling new rules after the licence is granted, see regulatory change projects with interim legal and compliance professionals. How a larger taskforce works in financial services is shown in the case study KYC taskforce with eight compliance officers at a financial institution.

Switzerland and Germany: what differs

The work is similar in both countries; the legal basis, the regulator and the contracting entity differ.

• Germany: MiCA applies directly. BaFin handles applications, recommends an initial meeting before filing and expects proof of DORA compliance in the application. Arbeitnehmerüberlassung (German temporary agency work) runs through Alpinum Solutions GmbH (DE).
• Switzerland: FINMA grants the FinTech licence under Art. 1b Banking Act. The application may be filed in an official Swiss language or in English; the articles of association and organisational regulations must be in an official language. Personalverleih (Swiss staff leasing) runs through Alpinum Solutions AG.
• Austria: assignments run as freelancing or as staff leasing through the German or the Swiss entity.

Limits and risks

• No legal advice from Alpinum: Alpinum is not a law firm. The legal assessment of the business model and representation before the regulator stay with your legal department or law firm.
• Accountability stays with the company: the management body itself must have the necessary knowledge and enough time (Art. 68(1) MiCA). Interim professionals do not replace that requirement.
• Outsourcing does not shift the duty: under Art. 73 MiCA, a provider that outsources functions keeps full responsibility.
• Keep knowledge in-house: regulations that only an external person understands will not carry the business after authorisation. Plan the handover from the start.
• No promises on timing: the length of a procedure depends on completeness, follow-up requests and the authority.

Frequently asked questions about compliance capacity for fintech and crypto

What does a compliance officer do at a crypto or fintech firm?

A compliance officer at a crypto or fintech firm drafts and maintains policies, reviews conflicts of interest, monitors controls and reports to management. In a licensing project, they prepare the compliance sections of the application and help answer the regulator's questions. They usually work closely with the AML function, because KYC and transaction monitoring are central review points in crypto businesses.

How long does the review of a MiCA application take?

MiCA sets deadlines for the authority: acknowledgement within 5 working days, completeness check within 25 working days and assessment within 40 working days of receiving a complete application (Art. 63). If documents are missing, the assessment starts later. How long the preparation takes inside the company depends on the business model and the state of the documentation.

Does MiCA apply in Switzerland?

No. Switzerland is not an EU member and MiCA does not apply there. Swiss firms work with the Banking Act, for example the FinTech licence under Art. 1b, and the Anti-Money Laundering Act. A Swiss firm that wants to provide crypto-asset services to EU clients also needs authorisation in an EU member state.

Staff leasing or freelancing for a licensing project?

Staff leasing suits a professional who works in your team for months, uses your systems and builds regulations and controls under your direction. Freelancing suits defined packages such as a gap analysis or a revision of the AML directives. Both models work part-time or full-time, for an individual or a project team.

Can an interim professional be appointed as AML officer or MLRO?

Yes, depending on the country and the rules. In Switzerland, a financial intermediary may, under certain conditions, appoint qualified external persons as its anti-money laundering unit (Art. 25(4) FINMA AML Ordinance). In Germany, the appointment of a money laundering reporting officer must be notified to the regulator in advance (Section 7(4) Anti-Money Laundering Act). For an MLRO, regulatory rules may rule out an external mandate or require staff leasing.

Next step

Alpinum Solutions is the leading provider of interim legal & compliance in the DACH region and has assignments in banking, financial services and fintech. Describe the application, the roles and the timeline; you will receive selected profiles for staff leasing or freelancing.

• Regulatory change projects: legal and compliance professionals for new rules
• Interim legal and compliance for banks and financial institutions
• Roles and practice areas: all guides on interim roles
• FINMA circulars at a glance: which requirements bind legal and compliance
• German Accessibility Strengthening Act: duties for consumer banking and digital services
• Discuss your needs

Last updated: 10 November 2026.