No specific cryptocurrency license is required.

Fiat On/Off-Ramps: If an exchange, custody provider, or payment processor facilitates transactions involving fiat currency (e.g., Guatemalan Quetzal, USD) to/from cryptocurrencies, they might fall under the existing financial regulations governing money transmitters, payment service providers, or other financial intermediaries. In such cases, they would likely need to comply with traditional financial licensing requirements from the SIB.

General Business Registration: Any company operating in Guatemala, regardless of its specific industry, must be legally constituted and registered with the Registro Mercantil General de la República (General Mercantile Registry of the Republic).

Capital Requirements: No specific capital requirements for VASPs are stipulated in Guatemalan law. If the entity were to engage in activities regulated by the SIB (e.g., traditional money remittance), then existing capital requirements for those specific financial activities would apply.

Guatemala's AML/KYC obligations for fintech companies are now directly imposed under Decree No. 15-2026, which includes fintech sectors as Obligated Entities, replacing the previous indirect applicability framework.

Ley contra el Lavado de Dinero u Otros Activos (Decree No. 67-2001) and its Regulations: While this law does not explicitly mention "virtual assets" or "cryptocurrencies," it applies to "obligated entities" (e.g., banks, financial institutions, certain non-financial businesses and professions) involved in financial transactions.

Indirect Applicability: If a VASP facilitates fiat-to-crypto or crypto-to-fiat transactions, the fiat portion of these transactions would be subject to the existing AML/CFT framework. This means performing KYC (Know Your Customer) on users, monitoring transactions for suspicious activity, and reporting to the Special Verification Intendancy (IVE) – a unit within the SIB.

FATF Recommendations: Guatemala is a member of the Financial Action Task Force of Latin America (GAFILAT), which adheres to FATF recommendations. FATF Recommendation 15 specifically calls for the regulation of VASPs for AML/CFT purposes. While Guatemala has not fully implemented this recommendation for VAs, it is under international pressure to do so. Therefore, future legislation is likely to include specific VASP AML/CFT obligations.

Local Presence: Any company wishing to operate legally in Guatemala (even without a specific crypto license) would need to establish a legal entity (e.g., a corporation) registered with the Registro Mercantil, which implies having a registered office and legal representation in the country.

Constituition of a legal entity: Typically a corporation (Sociedad Anónima) through a public deed with a notary.

Registration with Registro Mercantil: Submit the public deed and other required documents (e.g., identification of shareholders, legal representative) to the General Mercantile Registry.

Tax Registration: Obtain a Taxpayer Identification Number (NIT) from the Superintendencia de Administración Tributaria (SAT).

SIB Statements on Virtual Assets: The SIB regularly issues press releases and circulars clarifying its position. You would typically find these under "Comunicados de Prensa" or "Normativa." A key message is that virtual assets are not regulated.

As of 2025, Guatemalan authorities warn that virtual assets are not legal tender and remain high-risk, but crypto platforms are now subject to new KYC and transaction reporting obligations, meaning virtual assets are no longer entirely unregulated.

Example historical reference (though direct URL may change): Communiqués from SIB often reiterate that "los activos virtuales o criptoactivos no son moneda de curso legal en el país y no se encuentran bajo la supervisión y regulación de esta Superintendencia."

Full Text (often hosted by SIB): https://www.sib.gob.gt/web/sib/ley-contra-el-lavado-de-dinero-u-otros-activos

The primary AML/CFT law (Decree No. 15-2026) now explicitly regulates virtual assets and Virtual Asset Service Providers (VASPs), though the law's broad scope regarding financial transactions also continues to cover fiat interactions.

This is where any legal entity must register to operate in Guatemala.

Investment Purpose: The instrument is "destinado a la inversión" (destined for investment).

Representation of Rights/Interests: It represents "derechos de crédito, de participación, de propiedad o cualquier otro derecho o interés en una empresa o patrimonio" (credit rights, participation rights, property rights, or any other right or interest in a company or patrimony). This is similar to the "common enterprise" and "expectation of profit" prongs of Howey.

From Third-Party Efforts: Although not explicitly stated as "from the efforts of others," the concept of "derechos... en una empresa o patrimonio" implies that the value or profit is derived from the underlying entity's activities.

Massive Issuance/Public Offer: The law mentions "emitido o celebrado en forma masiva o no," indicating that even instruments not issued massively can be securities, but a "public offer" (oferta pública) is a critical trigger for regulatory oversight and registration requirements.

Security Tokens: These are the most likely candidates to be classified as securities. Tokens representing ownership in a company (equity tokens), a debt instrument (bond tokens), or a right to a share of profits or revenue are almost certainly "valores" under Guatemalan law.

Investment Tokens/ICOs: Tokens issued during an Initial Coin Offering (ICO) where purchasers are primarily motivated by an expectation of profit from the development or future success of a project managed by the issuer, would likely be deemed securities.

Payment Tokens/Cryptocurrencies (Unlikely): Cryptocurrencies like Bitcoin or Ether, when used purely as a medium of exchange or store of value, are generally not considered securities under this framework. The SIB has explicitly stated they are not legal tender, but has not classified them as securities. However, if such a token were part of a structured investment scheme, it could potentially be reclassified.

Registration of the Issuer: The issuer (or the entity responsible for the offer) would need to be authorized by the SIB.

Registration of the Security: The specific token (security) itself must be registered with the Registro del Mercado de Valores y Mercancías (Registry of Securities and Commodities Market), which is managed by the SIB.

Disclosure Requirements: The issuer would be required to publish a prospectus or an equivalent disclosure document containing detailed information about the issuer, the project, the token, the risks involved, financial statements, and how the funds will be used.

Ongoing Reporting: Issuers of registered securities are subject to continuous reporting obligations, including periodic financial statements and disclosure of material events.

Private Placements: Offers made to a limited number of qualified or institutional investors, not considered a public offer.

Small Offers: Offers below a certain monetary threshold, if specified in regulations (though the primary law focuses more on the public nature of the offer).

Regulated Exchanges: Secondary trading would theoretically need to occur on regulated securities exchanges (like the Bolsa de Valores Nacional - BVN) or through licensed securities brokers.

Licensed Intermediaries: Any entity facilitating the secondary trading of these tokens would need to be licensed by the SIB as a stockbroker or exchange.

Compliance: All transactions would be subject to existing market transparency, anti-money laundering (AML), and counter-terrorist financing (CFT) regulations applicable to traditional securities.

SIB Warnings: The SIB has consistently issued warnings to the public about the risks of investing in or using cryptocurrencies. These are preventative measures, not enforcement actions against issuers.

Example SIB Communiqué: Comunicado de Prensa 04/2021 (Press Release 04/2021) from the Superintendencia de Bancos de Guatemala, which reiterates that crypto assets are not legal tender and are not regulated by them, highlighting associated risks. While not an enforcement action, it sets the regulatory tone.

AML/CFT Investigations: If crypto assets are involved in money laundering, terrorist financing, or other illicit activities, the relevant authorities (e.g., Fiscalia contra el Lavado de Dinero u Otros Activos – AML Prosecutor's Office) would investigate under existing anti-money laundering laws, not specifically securities laws.

Fraud Investigations: If a crypto project is deemed a fraudulent scheme, general criminal fraud statutes would be applied, regardless of whether the token itself is also an unregistered security.

Ley del Mercado de Valores y Mercancías (Decree Number 34-96):

This is the primary law. Finding a direct, stable URL from a government source can be challenging. Often, it's found on legal databases or archived government sites.

A reliable source for legislative texts in Guatemala is often the Congress website or legal information portals.

Example Search Query: "Ley del Mercado de Valores y Mercancías Guatemala Decreto 34-96"

The Superintendencia de Bancos de Guatemala regularly publishes press releases and communiqués. You would need to navigate their official website and search for "criptomonedas" or "activos virtuales."

Look for "Comunicados de Prensa" or "Circulares." A specific communiqué from late 2021 (e.g., Comunicado de Prensa 04/2021 or similar) often reiterates their stance. Direct links to specific press releases change as new content is added, so navigating the site for the most recent statement is recommended.

The Banco de Guatemala (BANGUAT) is the central bank and monetary authority, but it has not issued any regulations, circulars, or resolutions specific to virtual assets or crypto service providers, nor has it published any authorisation framework for such activities. Guatemala - Licensing Requirements for Professional Services

Primary commercial legislation is the Commerce Code, Congressional Decree No. 2-70 of January 28, 1970, which governs all commercial companies including corporations (Sociedad Anónima), limited liability companies, and partnerships; this is the only corporate legal basis available to crypto businesses. Guatemala - Joint Ventures/Licensing | Privacy Shield

Article 12 of the Commerce Code provides that banks, insurance companies, financial firms, stock markets, and "other similar organizations" are controlled by the Commerce Code except where governed by special laws and regulations — no special law for crypto or virtual assets exists. Guatemala - Joint Ventures/Licensing | Privacy Shield

The Superintendencia de Bancos (Superintendency of Banks) supervises banks and financial institutions, but no mandate or legal instrument extends its authority to virtual asset service providers. Guatemala - Licensing Requirements for Professional Services

Guatemala is a signatory to CAFTA-DR, which regulates trade but contains no provisions relevant to digital assets or financial technology licensing. Guatemala - Import Requirements and Documentation

No law, decree, or regulatory instrument has been identified that defines, classifies, or addresses virtual assets, cryptocurrencies, or blockchain-based financial services.

There is no licensing regime for crypto exchanges, custodians, or other virtual asset service providers in Guatemala — the central bank and financial regulator have not created any authorisation pathway. Guatemala - Licensing Requirements for Professional Services

No capital requirements, application procedures, or structural requirements exist for crypto businesses because no such licence category has been established under Guatemalan law. Guatemala - Licensing Requirements for Professional Services

A foreign company wishing to operate in Guatemala must register a branch or agency with the Commerce Register, requiring: an Attorney-In-Fact resident in Guatemala, proof of incorporation in the country of origin, certified copy of articles of incorporation, an insurance policy for USD 50,000 in favour of third parties valid for the duration of operations, express waiver of home-country jurisdiction, commitment to fulfil withdrawal requirements, certified financial statements, and records of all local business operations. Guatemala - Joint Ventures/Licensing | Privacy Shield

Locally incorporated corporations can be wholly owned by foreign individuals or entities, and it is common for foreign businesses to establish wholly owned local corporations rather than registering branches. Guatemala - Joint Ventures/Licensing | Privacy Shield

No entity has ever been licensed to conduct crypto or virtual asset activities in Guatemala — the number of licensed entities is zero because no licensing mechanism exists. Guatemala - Licensing Requirements for Professional Services

No AML/KYC obligations have been specifically imposed on crypto businesses under Guatemalan law, as no regulatory framework for virtual assets exists. Guatemala - Licensing Requirements for Professional Services

General AML obligations for financial institutions fall under the supervision of the Superintendency of Banks, but these obligations have not been extended to virtual asset service providers through any published regulation. Guatemala - Licensing Requirements for Professional Services

No subsidiary legislation, circular, or guideline has been identified that would require crypto businesses to conduct customer due diligence, enhanced due diligence, suspicious transaction reporting, beneficial ownership identification, or PEP screening. Guatemala - Licensing Requirements for Professional Services

The general corporate registry and tax obligations require businesses to keep records of operations, but these are not AML-specific requirements. Guatemala - Joint Ventures/Licensing | Privacy Shield

No enforcement actions against crypto businesses have been identified in the sources reviewed — no fines, penalties, arrests, or cases involving virtual asset service providers were found in the official sources examined. Guatemala - Licensing Requirements for Professional Services

No government announcement, press release, or regulatory notice of any investigation, sanction, or administrative action related to cryptocurrencies appears in the official sources. Guatemala - Import Requirements and Documentation

No tax guidance has been issued for virtual assets by the Superintendencia de Administración Tributaria (SAT — Guatemala's tax authority) or any other official body, based on the sources available. Guatemala - Licensing Requirements for Professional Services

General tax obligations apply to all commercial companies and participation agreements, with the "active partner" in a participation agreement held responsible for tax liabilities of the joint operation, but nothing specific to crypto gains, capital gains on digital assets, or VAT treatment of crypto transactions has been published. Guatemala - Joint Ventures/Licensing | Privacy Shield

The absence of a virtual asset classification means that no determination has been made as to whether crypto gains constitute income, capital gains, or taxable supplies for VAT purposes. Guatemala - Licensing Requirements for Professional Services

The complete absence of any legislative or regulatory framework for virtual assets means crypto businesses have no legal certainty regarding their status, obligations, or protections under Guatemalan law. Guatemala - Licensing Requirements for Professional Services

No designated regulator has authority over virtual asset service providers, creating ambiguity about which agency (if any) could issue guidance, approvals, or enforcement actions. Guatemala - Licensing Requirements for Professional Services

Banks and financial institutions are subject to Commerce Code Article 12 supervision, but crypto businesses do not fit within the defined categories of regulated entities, leaving them outside both formal regulation and formal protection. Guatemala - Joint Ventures/Licensing | Privacy Shield

Foreign crypto companies must comply with the branch registration requirements (including the USD 50,000 insurance bond), but this is a general corporate requirement, not a crypto-specific authorisation. Guatemala - Joint Ventures/Licensing | Privacy Shield

Businesses face the risk that a future law or regulation could retroactively impose compliance requirements or restrictions without any transitional framework. Guatemala - Licensing Requirements for Professional Services

The lack of any formal definition of virtual assets in Guatemalan law creates the risk that crypto activities could be reclassified as unlicensed financial activities at any time, exposing operators to penalties under the Commerce Code or banking laws. Guatemala - Joint Ventures/Licensing | Privacy Shield

Banking access is uncertain: while foreign companies may open bank accounts in Guatemala without government authorisation, banks themselves are not required to serve crypto businesses and may decline services in the absence of regulatory clarity. Guatemala - Joint Ventures/Licensing | Privacy Shield

Guatemala - Licensing Requirements for Professional Services

Guatemala - Joint Ventures/Licensing | Privacy Shield

Guatemala - Import Requirements and Documentation