How to prove the legal origin of your crypto funds

How to prove the legal origin of your crypto funds

1) Introduction — The compliance runway from wallet to deed

Let’s be candid: you don’t “pay for a villa with crypto.” You build a regulated corridor from a blockchain address to a French notarial closing in euros. Every meter of that corridor must be defensible: KYC/AML, origin-of-funds, EU travel-rule data, and banking traceability that an auditor could reconstruct weeks—or years—later. If one document is missing or one transfer is opaque, a compliance officer (or notary) will hit pause.

Why this matters now: in the EU, the Markets in Crypto-Assets (MiCA) regime is in force, bringing common prudential and conduct standards to crypto-asset service providers (CASPs). In parallel, the EU travel rule extends wire-transfer style information requirements to crypto-asset transfers—so counterparties can see the who-sent-what-to-whom trail in real time. That combination raised the bar for any serious off-ramp. esma.europa.eu+1

At the closing table, French notaries must verify the origin of funds and, where appropriate, report to TRACFIN (the French Financial Intelligence Unit). If your file isn’t “notary-grade,” the deed simply won’t be signed. Meanwhile, the FATF—which sets global AML standards—keeps tightening expectations on virtual assets and VASPs, and the OECD’s Crypto-Asset Reporting Framework (CARF) is ushering in cross-border tax transparency for crypto transactions. In other words: proof beats promise. OECD+3Chambre de Paris+3Ministère de l'Économie+3

Why Saint-Barthélemy for real-estate conversions? Beyond world-class assets, the island offers a distinct fiscal framework under French jurisdiction. With genuine local substance and effective management, a Saint-Barthélemy company can anchor tax residency on-island. Individuals are recognized as Saint-Barthélemy tax residents only after five years of residence; corporate residency, in practice, depends on effective local management and real operations. Getting this right is what turns conversion gains into defensible, tax-neutral outcomes within the local regime. Légifrance+1

Promise of value: this article gives you a concrete, bank-ready blueprint for demonstrating the lawful origin of crypto funds—so your transaction clears compliance, your notary says “oui”, and your property becomes a balance-sheet asset. Chez SBH Capital Partners, nous aidons nos clients à transformer leurs actifs numériques en patrimoine tangible.

2) Understanding the ask — What “legal origin” means in crypto

“Proving the legal origin of funds” is more than a screenshot of a wallet balance. It’s a forensic story that starts with acquisition and ends with fiat, backed by verifiable documents and consistent metadata. Think of it as a travel journal for your coins—who, when, how acquired, how held, how converted, why now—each step cross-referenced to a document or ledger entry.

Core building blocks:

  • Identity & status: robust KYC/EDD on the beneficial owner (BO) and, if relevant, directors/shareholders of the acquisition vehicle.
  • Acquisition evidence: exchange trade history, on-chain DEX receipts, vesting schedules for tokens, mining logs, grant/SAFT agreements—dated and attributable to you or your entity.
  • Holding & custody: statements from regulated CASPs/custodians, or self-custody proofs (signed messages from wallets, derivation paths if needed), and chain-analytics reports establishing clean provenance (no sanctioned or mixer exposure). The FATF explicitly expects risk-based controls for VASPs dealing with self-hosted wallets. fatf-gafi.org
  • Conversion trail: OTC confirmations, exchange withdrawal/settlement records, travel-rule originator/beneficiary data where applicable, and SWIFT proofs into a named bank account. As of 30 December 2024, the EBA’s travel-rule guidelines became applicable: expect EU institutions to reject or return crypto transfers lacking required information. eba.europa.eu
  • Purpose & destination: sale agreement (compromis de vente), notary instructions, ultimate use of funds (purchase price, fees, taxes). French notaries are expressly responsible for verifying source of funds under AML/CTF obligations and escalating to TRACFIN when warranted. Chambre de Paris

A helpful analogy: if blockchain is the map, then compliance is the legend that explains the symbols. Without the legend, even a perfect map is unusable. MiCA provides the common legend for EU CASPs; the travel rule ensures the map travels with the package; and the OECD CARF signals a future where tax authorities see the same map across borders. esma.europa.eu+2eba.europa.eu+2

For Saint-Barthélemy, the local substance of your company (registered office, accounting, local bank account, effective management by a gérant on-island) is the linchpin that keeps your transaction within the island’s fiscal jurisdiction. That is how the legal origin of crypto funds ties back to legal destination—a local, compliant, tax-neutral acquisition under French law. bofip.impots.gouv.fr

3) The pain points — Where files fail (and how to avoid it)

Even sophisticated investors stumble on predictable pitfalls. Here are the ones we fix most often, and why they matter.

1) Travel-rule blind spots. Investors still route large transfers through providers that cannot populate travel-rule fields (originator/beneficiary) or can’t receive them. EU institutions now follow the EBA’s final guidelines; missing data leads to rejection/return and delays that can jeopardize a closing. Solution: use EU-aligned providers and pre-clear routing with the receiving bank. eba.europa.eu

2) MiCA perimeter confusion. Not all services marketed by a platform are MiCA-licensed. ESMA’s materials emphasize that MiCA introduces new obligations and a supervisory perimeter; yet some firms mix regulated and unregulated activities. Banks and notaries will ask which licensed entity did what. Get letters on letterhead stating license status, service performed, and safeguarding arrangements. esma.europa.eu+1

3) Weak source-of-funds (SoF) at the notary. French notaries do not “rubber-stamp.” They verify SoF and can file TRACFIN reports; real-estate is a high-risk sector for AML according to French authorities. If your file lacks chain provenance, attested statements, or bank-level traceability, the notary may refuse to sign days before completion. Solution: assemble notary-grade packs from day one. Chambre de Paris+1

4) Self-custody without a narrative. Self-hosted wallets are legitimate, but without a signed-message proof, acquisition records, and analytics showing no mixer/sanction exposure, compliance desks will escalate to enhanced due diligence. FATF’s updates highlight exposures around P2P, mixers, and nested services; expect probing questions if your coins trace near these. fatf-gafi.org+1

5) Mis-anchored tax residency. Calling a company “Saint-Barthélemy-resident” doesn’t make it so. Corporate residency turns on effective management and substance. For individuals, five years of residence is the threshold to be considered tax resident on the island. Regulators and counterparties will look for facts, not labels: board minutes on-island, local banking, local accounting, and decision-making by a gérant in Saint-Barth. Légifrance+1

6) The fiat leg is undocumented. Conversions end in euros; banks need SWIFT MTs, account statements, and a coherent funds-mapping memo linking crypto trades to fiat credits and the property purchase. If your OTC/bank cannot issue formal confirmations promptly, settlement stalls.

Picture your file like a luxury timepiece: every gear must mesh. One mis-cut cog—one missing confirm—stops the watch. The good news? Each failure mode can be pre-empted with the right partners and a disciplined process.

4) The blueprint — Documents, workflows, and strategies that pass scrutiny

Here is a battle-tested checklist we use to make crypto origin bankable and notary-ready. Treat it as your compliance bill of materials.

A) Identity, governance, and purpose

  • BO KYC/EDD: passport, proof of address, source-of-wealth (entrepreneurial income, exits, fund distributions), sanctions/Pep screens.
  • Corporate pack (if using a company): articles, proof of registered office in Saint-Barthélemy, local bank account, accounting appointment, and a board calendar that evidences effective management on-island (minutes, resolutions). La gérance locale garantit la résidence fiscale de la société et la conformité internationale. bofip.impots.gouv.fr
  • Purpose memo: why you are converting (property acquisition), with draft compromis de vente and expected timeline.

B) Crypto provenance (acquisition → holding)

  • Exchange/custodian statements from regulated CASPs/DASPs covering the full period. Under MiCA, CASPs fall within EU conduct/safeguarding rules—compliance teams recognize this. esma.europa.eu
  • Self-custody proofs: signed messages from relevant addresses; derivation details if appropriate.
  • On-chain forensics: a third-party report with exposure analysis (e.g., sanctions lists, mixers, darknet proximity), transaction graphs, and risk scoring. FATF’s 2024/2025 updates emphasize risk-based controls—mirror that language in your memo. fatf-gafi.org+1

C) Conversion mechanics (execution → banking)

  • OTC trade confirms: time stamps, pairs, amounts, counterparties, rates, conversion certificates.
  • Travel-rule data: ensure originator/beneficiary info accompanies transfers per Regulation (EU) 2023/1113 and the EBA final guidelines applicable 30/12/2024. Keep evidence of compliance (logs or provider attestations).