How to ensure KYC/AML compliance for your conversions

How to ensure KYC/AML compliance for your conversions

1) Introduction — Audit the corridor, not just the counterparty

When you convert crypto to fund a prime property, you aren’t sending a wire—you’re choreographing a regulatory story. Banks and notaries don’t buy promises; they examine facts: who you are, where the assets came from, how they moved, and whether the rails transmitting them meet published standards. In the EU, those standards are now unusually clear:

  • MiCA (Markets in Crypto-Assets) gives compliance teams a single authorization language for crypto-asset service providers (CASPs), including a transitional “grandfathering” clause to 1 July 2026 for eligible incumbents—so files can be assessed on paper, not opinion. ESMA+1
  • The EU travel rule (Reg. 2023/1113) requires originator/beneficiary information to accompany crypto transfers; EBA Guidelines make detect/reject/return the default for missing data from 30 December 2024. In practice, transfers with a complete identity payload move faster; those without don’t move at all. eba.europa.eu+1
  • Tax transparency is scheduled: DAC8 brings EU crypto-platform reporting from the 2026 year; the OECD’s CARF coordinates cross-border exchanges from 2027/2028 among committed jurisdictions. Files that mirror those fields today will be low-touch tomorrow. Taxation and Customs Union+1

Against this backdrop, Saint-Barthélemy offers a rare blend: French civil-law certainty and distinct local fiscal autonomy that rewards on-island substance—registered office, local accounting, local banking, and gérance locale—with predictable, lawful outcomes. Le modèle fiscal de Saint-Barthélemy permet une neutralité légale unique au monde. Your job is to make that neutrality evident. Our job is to make it effortless.

Chez SBH Capital Partners, nous aidons nos clients à transformer leurs actifs numériques en patrimoine tangible.

Metaphor: think of your conversion as a transatlantic flight. MiCA is the airworthiness certificate, the travel rule is your transponder, DAC8/CARF are the flight plan and e-border checks. The destination runway—a French notarial deed—will accept you only if every instrument agrees. fatf-gafi.org

2) What KYC/AML compliance really means in 2026 (and what it doesn’t)

KYC/AML for conversions is not a pile of PDFs; it’s a logic chain that any bank officer, notary, or auditor can test in minutes. At a minimum, it covers four pillars:

1) Identity & Beneficial Ownership (KYC/UBO).
Who you are (KYC), who ultimately benefits (UBO), and who is legally empowered to act (signatories/proxies). Expect validated IDs, proof of address, corporate charts, share registers, and a source-of-wealth narrative that matches your asset history.

2) Asset Provenance & Path (SoF/SoW).
Where the crypto came from, how it moved (address graphs; sanctions/mixer screening), where it was held (custodian/exchange statements), how it was converted (OTC certificates), and how fiat arrived (SWIFT MTs). This is the notary-grade dossier; French notaries are AML-obligated public officers—they must verify. Notaires de France+1

3) Counterparty Compliance (MiCA/travel-rule).
Your rails need paper: authorization or transitional eligibility under MiCA, safeguarding representations, and named compliance contacts for callbacks. For each crypto transfer, ensure the travel-rule payload accompanies the transaction and is archived. AMF+1

4) Governance & Substance (residence that survives scrutiny).
If a local company will acquire the property (often optimal), it must have effective management where it claims residence: registered office, local bank, local accounting, board calendars, and gérance locale. Residency by label invites questions; residency by facts closes files.

What it isn’t:

  • A last-minute binder printed the night before the deed.
  • A workaround to avoid the travel rule or DAC8/CARF (those are hard rails now).
  • A guarantee that any bank will onboard you without MiCA proofs or without a linear SoF story.

Analogy: You’re not just “compliant”; you’re comprehensible. The best dossier is a story—short, provable, and perfectly boring to a cautious reader.

3) The stakes and the failure modes (where good deals go to die)

Even sophisticated buyers fall into the same traps. Here are the patterns that cost time, price and credibility—and how to neutralize them.

A) The travel-rule gap → detect/hold/return.
Crypto arrives without originator/beneficiary data, or the sending VASP can’t produce the right logs. Banks are obligated to detect and act; holds follow, options expire. Design transfers so the identity payload is sent and storable. eba.europa.eu

B) “Reputable provider” ≠ MiCA on paper.
A household name still needs authorization/transitional letters and safeguarding disclosures. After 30 December 2024, EU teams expect this documentation; after 1 July 2026, transitional excuses wear thin. Choose rails that won’t become your bottleneck mid-deal. AMF+1

C) Self-hosted wallet opacity.
Without signed-message proofs and chain analytics, “I control the address” is hearsay. Provide deterministic evidence (message signatures, multi-sig policies), plus negative screens (no sanctions/mixer exposure) consistent with FATF expectations. fatf-gafi.org+1

D) Notary-grade provenance missing.
French notaries will ask for custodian/exchange statements, OTC certificates (pair, size, timestamp, rate, counterparty), and SWIFT credits into the local company account. Without a Funds-Mapping Memo that narrates wallet → provider → bank → deed, closings stall. Notaires de France

E) Residency by headline, not by facts.
Claiming corporate residence in a place where no decisions occur is an invitation to reclassification. Align board minutes, signatories, and banking with your claimed seat of management. La gérance locale garantit la résidence fiscale de la société et la conformité internationale.

F) The reporting mismatch (2026–2028).
DAC8 makes 2026 the first EU reporting year; CARF drives cross-border exchanges from 2027/2028 among committed jurisdictions. If your books and bank statements don’t match platform reports, you inherit a future audit. Taxation and Customs Union+1

G) Paying the seller directly in crypto.
Often a taxable disposal at the payer level, plus a SoF headache for the notary. Convert to clean euros in the right entity, then pay from the local bank. That is what institutional teams recognize.

Bottom line: the costliest risk isn’t market volatility—it’s process volatility. Your compliance architecture is the hedge.

4) Solutions & strategies — The institutional KYC/AML playbook

Use the following blueprint to design a conversion corridor that banks can book, notaries can sign, and auditors can respect.

A) Build your Transaction Map (1–2 pages)

  • Diagram the path: Wallet(s) → Exchange/OTC (CASP) → Bank → Local Company → Notary.
  • List entities, accounts, jurisdictions, signatories, and contacts (with direct compliance emails).
  • Add a timeline: conversion windows, deed signing, option expiries, and settlement buffers.

B) Prove the who (KYC/UBO & SoW)

  • KYC pack: validated IDs, proof of address, corporate charts, UBO declarations.
  • Source-of-Wealth: equity events, trading records, liquidity moments—concise, evidentiary.
  • Consistency check: identical names/addresses across bank, VASP, notary, and company files.

C) Prove the what (Provenance & Path)

  • Chain analytics: sanctions/mixer exposure, clustering, address attribution, and transaction graphs.
  • Exchange/custodian statements covering acquisition and holding.
  • OTC conversion certificates (pair, size, timestamp, rate, counterparty).
  • SWIFT MTs for incoming EUR into the local company bank account.
  • Funds-Mapping Memo in plain English (or French), narrating wallet → provider → bank → deed.

D) Prove the rails (MiCA + Travel-Rule)

  • From the CASP/OTC, obtain MiCA authorization or transitional eligibility letters, safeguarding notes, and named compliance contacts.
  • For each crypto leg, ensure the travel-rule payload (originator/beneficiary data) accompanies the transfer and is archived. EBA’s final Guidelines set 30 December 2024 as the application date. eba.europa.eu

E) Prove the residence (Substance & Governance)

  • Incorporate a Saint-Barth asset-holding company (AHC) 100% owned by you; set registered office, local accounting, local bank, and appoint gérance locale (local manager).
  • Keep board calendars, minutes, and resolutions on the island. This is the fact pattern that supports effective management and lawful tax neutrality. Ce type de montage n’est pas une évasion fiscale, mais une optimisation encadrée par le droit français.

F) Prove the future (DAC8/CARF readiness)

  • Store data in structures that mirror DAC8/CARF fields (asset type, gross proceeds, timestamps, wallet/account identifiers where relevant).
  • Reconcile platform reports with internal books and bank statements quarterly to pre-empt mismatches. Taxation and Customs Union+1

G) Structure for speed (without shortcuts)

  • Tranche large conversions (e.g., 20/30/50%) to reduce liquidity and operational risk; produce attestations per tranche.
  • Run a pre-clearance call with your bank’s compliance tea