The situation regarding MiCA in Poland remains unchanged. As explained in my article about status of Polish VASP after 1 July 2026, Poland still has no legislation establishing a domestic CASP licensing procedure. Companies cannot apply for a CASP licence in Poland, and no competent authority has been designated to handle such applications.
MiCA has applied since 30 December 2024. The transitional period for Polish VASPs ended on 1 July 2026. Continuing to operate on the basis of an existing VASP registration carries legal risks, which I discussed in detail in my previous article.
An interesting situation came up this month. On 1 October 2026, the General Inspector of Financial Information (GIIF) sent a letter to all Polish VASPs requesting specific information about their current status.
Scope of the GIIF request
GIIF sent the letters by post to the registered addresses of VASPs. Companies which set up e-Delivery inbox received them electronically.
Both versions contain the same request. GIIF asks Polish VASPs to provide the following information:
- Current status: whether the VASP still conducts virtual currency activities within the meaning of Article 2(1)(12) of the Polish AML Act.
- Date of ending activities: if the company has already stopped operating, the date on which it ended its virtual currency activities.
- Planned end date: if the company is still operating, the date on which it plans to end its virtual currency activities.
There is one difference between the two versions. The letter delivered through e-Delivery includes an Excel file titled Formularz_VASP. Recipients are instructed to complete this form and return it via e-Delivery. The postal version does not include the form.
The deadline to answer is five days from receipt of the letter. The response must be submitted via e-Delivery to the Financial Information Department of the Ministry of Finance, quoting reference number IF17.716.2.3.2026.
The response may also be prepared and submitted by an attorney-at-law acting on behalf of the company. My legal assistance is available to VASPs that need support in that regard.
The letter also refers to the end of the MiCA transitional period on 1 July 2026. GIIF states that more than three months have passed since then and refers recipients to the relevant communications issued by GIIF, the Tax Administration Chamber in Katowice and ESMA concerning the winding down of activities by entities without the required authorisation.
Legal basis and obligation to respond
GIIF is responsible for overseeing compliance with Poland’s AML regulations. The GIIF request refers to Article 76 of the Polish AML Act. Under this provision, an obliged institution must provide or make available information and documents that are necessary for GIIF to perform its statutory tasks.
Failure to comply with the obligation to provide information under Article 76 is listed in Article 147(1)(12) of the AML Act as an infringement subject to administrative sanctions:
Corporate fines: Up to twice the economic benefit gained or loss avoided due to the breach, or up to EUR 1,000,000 if the benefit cannot be calculated (Art. 150(2)).
Individual fines: A separate fine of up to PLN 1,000,000 on the individual responsible for AML compliance within the entity (Art. 154).
The request should therefore not be treated as optional.
The situation requires a closer look where a company has already stopped providing virtual currency services. Article 76 applies to obliged institutions, so the company’s actual status and circumstances may be relevant when assessing the scope of its obligations. However, the fact that a company has ceased its activities should not be treated as enough reason to ignore the GIIF letter.
My comments on the GIIF request
In my view, it would be misleading to assume that GIIF’s question about whether VASPs continue their activities means that the authority accepts or tolerates them. The fact that GIIF asks about ongoing operations does not make those activities lawful. My position on this issue remains unchanged, as explained in my previous article.
VASPs that continue operating are in a difficult position. They are obligated to respond to GIIF, but confirming that they still provide services also gives the authority direct information about their activities after the MiCA transitional period ended.
How should this request be interpreted?
In my view, this request may be GIIF’s first step since 1 July 2026 towards identifying which Polish VASPs continue to operate after the MiCA transitional period ended. Once it has this information, GIIF can decide what further steps to take and which measures to apply.
For VASPs still operating in Poland, this request should therefore be taken seriously.
