Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Binance is not registered with FMA (Financial Market Authority) — but your funds are not lost. Swiss lawyers submit directly to Binance's compliance team, bypassing standard support. 90%+ success rate.
Binance operates without FMA registration in Austria; serves Austrian customers from other EU entity
FMA requires crypto service providers to register — under Austrian implementation of AMLD5; FMA is strict and transparent
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
What this means for you: Binance is not registered with FMA (Financial Market Authority), so direct regulatory complaints are limited. However, Binance still operates under its home jurisdiction's AML laws (multiple (Binance entities in various jurisdictions)). We submit legal documents directly to Binance's compliance team — not through standard support channels.
Your funds are not illegal. Using an unregistered exchange in Austria does not make your crypto holdings illegal under Austrian Banking Act. You may face tax reporting obligations, but the funds themselves are yours.
under BWG §1(1) Z15-16 (crypto custody license, added 2020), you can complain to FMA; also Austrian Banking Ombudsman (Bankenombudsmann)
Under Austrian Banking Act (Bankwesengesetz, BWG) + AML Act (Geldwäschegesetz 2023, FM-GwG), Binance must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Binance doesn't meet these obligations, we escalate to FMA (Financial Market Authority) and file a formal legal submission. For a broader comparison of how Austria's rules stack up against other jurisdictions, see our AML laws by country reference.
crypto taxed as 'other income' (sonstige Einkünfte) — flat 27.5% (or 25% for corporations); no holding-period exemption
If your Binance account is frozen, you may still need to declare your crypto holdings on your Austria tax return — even if you can't access them. Under Austria law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a Austrian tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the FMA (Financial Market Authority) and tax authority explaining the situation.
A Austrian user with a common Middle Eastern name had their Binance account frozen after a sanctions screening match. Binance's compliance tool (Chainalysis + internal risk engine) flagged the name against OFAC lists. We prepared a non-association declaration and cross-referenced with FMA (Financial Market Authority)'s sanctions guidance. The account was restored after we provided a legal submission citing FMA (Financial Market Authority)'s guidelines and the client's transaction history.
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Binance account, transaction history, and Austria regulatory context to identify the exact trigger. Was it a Chainalysis + internal risk engine risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Austrian Banking Act — not just Binance's standard templates. This includes source-of-funds proof, transaction tracing, and any required FMA-specific forms.
We submit through Binance's compliance channels — not standard support. Our submission is in German and references FMA guidelines. We coordinate with FMA even though Binance is not registered.
We verify everything works and advise on preventing recurrence on Binance. If Binance doesn't respond within no statutory maximum; FMA expects 'timely' resolution — interpreted as 6-8 weeks, we escalate to FMA and pursue cross-jurisdictional action in Cayman Islands if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.