MiCA Licence in Austria

MiCA Licence in Austria

On 24 September 2020, the European Commission presented the draft Markets in Cryptoassets Regulation (MiCAR) as part of a broader package of digital finance initiatives. This package covered not only MiCAR but also the Digital Operational Resilience of the Financial Sector Regulation (DORA), a pilot regime for infrastructures based on distributed ledger technology (DLT), and a strategy for the development of digital finance in the EU. Regulation (EU) 2023/1114 on cryptoasset markets was published in the Official Journal of the EU on 9 June 2023 and entered into force on 29 June 2023. With its adoption, the European Union has for the first time established a single regulatory framework for the cryptocurrency and token markets, binding on both traditional financial institutions and new entrants to the crypto-economy. Entities operating in this field are required to comply with the established requirements in order to obtain an EU-recognised regulated status.

The main objective of MiCAR is to harmonise rules on the issuance, listing and provision of services related to crypto-assets. The regulation aims to stimulate innovation, unlock the potential of digital assets and develop the European market, while maintaining a balance between supporting financial stability and protecting the interests of investors. MiCAR establishes uniform rules on transparency and disclosure in the issuance and trading of cryptoassets, defines the authorisation and supervision of cryptoasset service providers (CASPs) and token issuers, sets out requirements for corporate governance and internal organisation of companies, and establishes mechanisms to protect investors and prevent abuse on cryptocurrency trading platforms.

Stages of entry into force of the regulations
The regulations are being introduced in stages:

  • rules governing asset-backed tokens (ARTs) and electronic money tokens (EMTs) began to apply from 30 June 2024;
  • CASP authorisation and oversight rules will come into force on 30 December 2024;
  • other key provisions, including issuance and investor protection requirements, will start to apply from the same date;
  • individual articles will already apply from 29 June 2023.

As a follow-up to MiCAR, the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) are preparing regulatory standards, guidance and clarifications to ensure the detailed application of the regulation in practice.

Cryptoasset classification and issuer requirements
MiCAR applies to cryptoassets that have not previously been regulated under European financial services acts, including the MiFID II Directive. All assets fall into three main categories:

  • Asset-backed tokens (ART),
  • electronic money tokens (EMT),
  • other cryptoassets.

Regardless of the category, the issuer is required to prepare and submit to the supervisory authority a technical document that discloses information about the project and the risks to investors. However, prior approval of this document is required only for ART and EMT issuers, given their potential impact on the financial system.

National legislation and supervision
As a follow-up to the pan-European regulation, EU Member States are adopting national acts. In Austria, the MiCA Regulation Enforcement Act (MiCA-VVG) was approved on 3 July 2024 and entered into force on 20 July 2024. According to this law, the Financial Markets Authority (FMA) is designated as the competent supervisory authority for MiCAR in Austria.

The MiCA Regulatory Implementation Act has been submitted to the Austrian National Council

A bill to implement the European Union’s Markets in Cryptoassets Regulation (MiCA) was submitted to the Austrian National Council in June 2024 to establish a national legal framework for its implementation. The document is scheduled to be considered between 3 and 5 July 2024 and is expected to be adopted as soon as possible. Its adoption will be a key step to ensure that European regulations are fully applicable in Austria and will allow licensing procedures for cryptoasset service providers to commence on schedule. The MiCA Regulation was approved at the European Union level in June 2023 and entered into force on 29 June of the same year. It represents the first comprehensive regulatory framework governing the issuance, circulation and provision of services related to cryptoassets in the single European market. The main goal of the document is to create harmonised rules that stimulate innovation in financial technologies, ensure transparency of market participants’ activities and, at the same time, guarantee the protection of retail and institutional investors’ interests.

At the EU level, the MiCA provisions are being introduced gradually: the articles relating to issuers of asset-backed cryptoassets (ART) and electronic money tokens (EMT) have been in force since 30 June 2024. The full entry into force of the Regulation, including the rules governing cryptoasset service providers (CASPs), is foreseen for 30 December 2024. Thus, 2024 is the transition period during which EU member states are required to ensure institutional and legal readiness to implement MiCA provisions. Although European Union regulations are directly applicable in all Member States, in certain cases national regulations governing procedural and organisational matters are required. MiCA is such a situation: in order to be fully implemented, a national competent authority with licensing and supervisory powers over issuers and service providers must be appointed. Austria, as part of the MiCA implementation bill (MiCA-VVG), assigns these powers to the Austrian Financial Market Authority (FMA). This authority will not only review applications for licences, but also carry out ongoing supervision of cryptocurrency companies, monitoring compliance with capital requirements, internal governance, custody of customer funds and anti-money laundering measures. In addition, the FMA will be empowered to impose sanctions in cases of breaches of the Regulation’s requirements. The adoption of MiCA-VVG is of strategic importance for Austria. On the one hand, it will allow local cryptocurrency companies and fintech startups to access the entire European market through the EU regulatory passport mechanism. Previously, companies required separate registration in each member state, which created significant administrative and financial barriers. On the other hand, this increases Austria’s attractiveness for international players who see the country as a potential entry point into the EU market.

The Austrian Ministry of Finance emphasises that the implementation of MiCA is not only aimed at creating legal certainty and increasing market transparency, but also at supporting innovation in the financial sector. Combined with targeted measures to stimulate the development of fintech companies – including the provision of infrastructure, support for educational initiatives and the development of research projects – Austria aims to establish itself as a reliable centre for digital finance in Europe. Thus, the adoption of the MiCA implementation law creates the basis for Austria’s full integration into the single European cryptoasset market. For industry participants, this opens up new opportunities for scaling business and attracting investment, while for investors it provides a higher level of legal protection and supervision. In the long term, these measures may contribute not only to the growth of the Austrian fintech sector, but also to the formation of conditions for long-term strengthening of trust in digital assets as a legitimate element of the European financial system.

Helmut EttlOn 30 December 2024, the European Union’s Markets in Cryptoassets Regulation (MiCAR) comes into full force, which marks the beginning of a new era in the regulation of the cryptocurrency sector. The Austrian Financial Market Authority (FMA) is being given a key role in overseeing this segment, which will transform the previously partially opaque market into a structured and predictable legal environment. As emphasised by FMA board members Helmut Ettl and Eduard Müller, regulatory compliance is not seen as an afterthought, but as a fundamental element of long-term market stability and the basis of investor confidence. MiCAR is a harmonised legal framework for EU member states governing the circulation of cryptoassets and related service providers. The Regulation establishes uniform standards in the areas of information disclosure, consumer protection, corporate governance and abuse prevention. Its aim is to create a transparent and competitive market that will stimulate innovation while reducing risks for investors and ensuring financial stability.

As the national competent authority, the FMA is given the power to issue licences, carry out ongoing supervision and impose sanctions. Strict eligibility criteria are introduced for cryptoasset service providers: companies must prove sufficient capital, demonstrate sound risk management mechanisms and transparent business models. Particular attention is paid to the preparation of white papers, which must contain clear and objective information about the products offered, their functionality, associated risks and technologies used. Managers and key personnel must have appropriate qualifications and a proven track record. The regulation pays special attention to asset-backed cryptoassets (ARTs) and electronic money tokens (EMTs), known as stablecoins. These instruments are subject to strict capitalisation, reserve and redemption requirements, which should increase investor confidence and reduce systemic risk.

Unauthorised service providers are subject to strict control measures. The FMA is empowered to initiate inspections, restrict activities or completely ban the operation of companies that do not have the necessary authorisations. Thus, the fight against unfair practices and illegal services becomes one of the regulator’s priorities. There are already 13 companies registered in the FMA database with licences to provide cryptocurrency services in Austria, including Bitpanda GmbH, Coinfinity GmbH and other well-known organisations, as well as a number of international market participants such as Bitvavo BV and Trade Republic Bank GmbH. Alongside MiCAR, the EU’s Digital Operational Resilience Regulation (DORA) will also come into force in January 2025. It places additional obligations on companies to ensure cybersecurity, conduct regular stress tests and prepare contingency plans. These regulations strengthen the technical resilience of the cryptocurrency sector and ensure its integration into the wider EU financial services system. The comprehensive implementation of MiCAR and the designation of the FMA as the responsible supervisory authority bring the Austrian cryptocurrency market to a new level of maturity. For consumers, this means a higher degree of protection and transparency, for companies the need to adapt to strict regulatory requirements. At the same time, fulfilment of these regulations creates the basis for the long-term development of the industry, attracts institutional investors and fosters a sustainable competitive environment.

Regulation of crypto companies in Austria

The Austrian Ministry of Finance announced the implementation of a set of legislative measures aimed at harmonising the national regulation of the cryptocurrency market with the EU-wide Markets in Cryptoassets Regulation (MiCA) adopted in June 2023. These initiatives provide a framework for fair competition, the protection of retail investors and further position Austria as a trusted jurisdiction for digital financial innovation. Supervisory powers will be vested in the Austrian Financial Market Authority (FMA), which will become the competent authority for licensing and monitoring cryptoasset service providers. As of 30 December 2024, MiCA will for the first time introduce detailed legal provisions for cryptoassets and related services that were not previously regulated under EU financial services legislation. Thanks to the principle of the so-called “EU passport”, service providers licensed in Austria will be able to offer their services throughout the European Union without having to re-register in other member states. In Austria, the relevant framework conditions are enshrined in the MiCA Regulation Implementation Act (MiCA-VVG), which comes into force in July 2024, further enhancing the country’s attractiveness for fintech companies.

Magnus BrunnerAustrian Finance Minister Magnus Brunner said that the issuance of FMA licences marks the end of the “Wild West era” in the cryptocurrency market, providing legal certainty and strengthening the integrity of the still relatively young sector. The focus is not only on enforcing the rules, but also on creating an environment for innovation. Developing infrastructure, supporting educational initiatives and creating an ecosystem favourable to the emergence of new fintech companies are seen as policy priorities. Attracting leading technology companies, including in the field of artificial intelligence and blockchain solutions, contributes not only to strengthening Austria’s innovation potential, but also to the creation of highly skilled jobs, which has direct economic significance. The MiCA Regulation sets out comprehensive rules covering the public offering of crypto-assets, their admission to trading, capital requirements for issuers and provision of reserves, as well as obligations to provide investors with withdrawal and redemption facilities. In addition, it sets out measures to prevent market abuse and rules for the organisation of cryptoasset-related service providers. The regulations governing the activities of issuers of certain categories of cryptoassets have already entered into force as of 30 June 2024, and by the end of the year the regulations will become fully effective.

The FMA will be given the necessary powers to monitor compliance with MiCA, including supervisory and sanctions tools. Additional provisions will address procedural aspects, such as reporting procedures and regular disclosures. This creates a sustainable regulatory framework for the cryptocurrency sector in which market participants will be able to develop new business models in an environment of legal predictability and investor confidence. Cryptocurrencies are seen as one of the key applications of distributed ledger technology (DLT), which provides a digital representation of value and property rights. They are already actively used both nationally and internationally, including for payments. Their further development in a regulated environment will significantly increase the efficiency of cross-border settlements, reduce transaction costs and expand the range of available financial instruments.

Taxation of cryptocurrencies in Austria in 2025

Osterreichisches ParlamentsgebaudeIn 2025, Austria continues to strengthen the legal and tax framework governing cryptocurrencies. Market participants should be aware that transactions involving digital assets are coming under close scrutiny by the tax authorities. Any transaction – selling cryptocurrency, transferring NFT, engaging in staking or exchanging tokens – may have tax consequences. Austrian tax laws regarding cryptocurrencies have undergone significant changes in recent years. The Ministry of Finance treats cryptocurrency assets as a separate object of taxation, and the trend towards stricter controls continues in 2025. As a result, investors are required to pay special attention to the correctness of tax returns and timely payment of taxes, as errors or deliberate misrepresentations may result in tax penalties.

Asset classification and tax implications
From a tax perspective, not all cryptocurrencies have the same status. Bitcoin and ether are categorised as the most common and tax transparent assets, while less liquid altcoins or unique tokens (NFTs) may raise additional questions from the IRS. For all assets, it remains mandatory to maintain documentation that records the dates of acquisition, purchase and sale values, and the nature of the transactions. Even if a cryptocurrency is used solely for long-term storage, it is not exempt from possible taxation upon realisation. This is especially true if the value of the asset increases significantly and the profit is then realised.

Prevalence and socio-economic context
According to research, between 14% and 18% of the population in Austria will own cryptocurrencies in 2025, with those under 43 years of age remaining the most active investor group. Motivations for owning digital assets include a desire for greater independence from traditional banking structures, a desire to capture potentially higher returns and an interest in technological innovation. At the same time, there is still considerable scepticism, with around 40% of Austrians expressing concerns about volatility and security issues. Nevertheless, cryptocurrency has strengthened its position as an alternative investment instrument, especially against the backdrop of declining real wages and limited returns on classic savings products.

Tax policy and regulation at the EU level
The adoption of the EU Markets in Cryptoassets Regulation (MiCA) creates a single regulatory framework that applies to all member states, including Austria. This not only means new requirements for crypto platforms and token issuers, but also increased tax transparency. Investors should be aware that Austria will be implementing automatic data reconciliation, digital reporting and enhanced transaction controls in the coming years. This significantly limits the possibilities for income concealment and requires a more responsible approach to tax planning.

Practical significance for investors
For Austrian residents, owning and transacting in cryptocurrencies in 2025 entails the need to:

  • proper documentation of all transactions;
  • timely reporting of income on tax returns;
  • assessing the tax implications when choosing an instrument (trading, staking, storing, NFT);
  • keeping track of changes in national legislation and the practice of its application.

Thus, cryptocurrency in Austria in 2025 finally goes beyond the “grey zone” and becomes subject to full-fledged tax regulation. For investors, this means the need to build a transparent and legally correct strategy of interaction with tax authorities, taking into account both national norms and the requirements of European legislation.

Market expectations and reaction to MiCA regulations

The EU’s Markets in Cryptoassets Regulation (MiCA), which came into force in December 2023, is the first comprehensive regulation of the crypto market in the European Union. Its adoption sparked a lot of discussions: some experts predicted that the new requirements would create an excessive burden on cryptocurrency companies and lead to an exodus of industry participants from Europe. However, the first months of its operation have shown that the regulation, on the contrary, contributes to strengthening the legal framework, increases the level of trust in digital assets and forms a more stable market infrastructure. For cryptocurrency companies, MiCA compliance comes with serious challenges. The regulation stipulates strict reporting, internal control and anti-money laundering standards, which requires significant costs to organise processes and ensure compliance. These conditions are easier to meet for large international players with the resources and experience to operate in a regulated environment, while smaller companies may not be able to cope with the new burden and may be forced to exit the market. This process is already leading to consolidation of the industry, with strong players able to ensure full regulatory compliance dominating the market. At the same time, obtaining a MiCA licence offers companies significant advantages. With a legal status comparable to traditional financial institutions, they are able to build direct relationships with banks and attract institutional investors who previously refrained from working with unregulated platforms. A single regulatory framework across the European Union allows them to expand their presence in the European market without the need to obtain separate national licences, which reduces administrative barriers and increases the efficiency of doing business. MiCA is of particular importance for issuers of stablecoins. The emergence of strict requirements for their issuance and circulation leads to the withdrawal from the market of tokens created outside the EU and not complying with the established norms. This creates demand for regulated European instruments and creates new opportunities for local issuers who now operate under clear and uniform rules.

From an investor perspective, the introduction of MiCA provides a qualitatively new level of protection. The regulation establishes mandatory measures for the safekeeping of client funds, their segregation from companies’ own assets, disclosure of information, and the prevention of market abuse. This eliminates risks such as those that led to the collapse of a number of unregulated exchanges in the past and makes the market more transparent and predictable. Investors also gain access to a wider range of services: licensed companies can combine cryptocurrency trading with the offering of traditional financial instruments such as stocks or commodities, thus integrating digital assets into the familiar investment ecosystem. Practice shows that more and more international exchanges are seeking to obtain a MiCA licence. These include major players such as Coinbase, OKX and Bybit, which have already confirmed authorisations. This shows that regulation is not perceived by market participants as an obstacle, but as an opportunity to gain a foothold in the European market and expand their customer base. Moreover, the EU experience is attracting the attention of foreign jurisdictions that are considering implementing similar rules, which may lead to a gradual global unification of approaches to cryptocurrency regulation. Thus, despite initial concerns, MiCA is becoming a tool that strengthens the legal framework of the cryptocurrency industry, stimulates its institutionalisation and increases investor confidence. For bona fide market participants, this is not so much a restriction as an opportunity to consolidate a stable position in Europe, obtain a level playing field with traditional financial institutions and contribute to the long-term development of the crypto-economy.

Companies that have obtained MiCA licence in Austria

BitpandaAustrian cryptocurrency platform Bitpanda has announced that it has received a licence under the EU’s Markets in Cryptoassets Regulation (MiCAR) from the Austrian Financial Market Authority (FMA). This development is of particular significance as Bitpanda has become the first company in the country to be fully authorised under the new pan-European cryptocurrency regulation. The MiCA Regulation, which comes into force on 30 December 2024, was designed to establish a common regulatory framework in the European Union for cryptoassets, their issuers and service providers. Its key objective is to create a transparent and secure legal environment for the development of digital finance, as well as to prevent the misuse of cryptocurrencies. Although MiCA is pan-European in nature, the issuance and enforcement of licences is the responsibility of national supervisory authorities. Thus, the FMA is responsible for licensing companies in Austria, while in the case of Bitpanda it is a matter of recognising compliance with the high requirements of not only national but also pan-European regulation. Bitpanda already has experience in a regulated environment and has previously obtained licences to operate in Germany and Malta. Now, with three licences in key EU jurisdictions, the company is able to scale its operations across Europe. Bitpanda’s management sees the authorisation as a confirmation of the high level of compliance and sustainability of the business model. According to CEO and co-founder Eric Demuth, the company has relied on regulatory compliance from the start and by the time MiCAR came into effect, it had more European regulatory approvals than any other cryptocurrency platform in the region. Deputy CEO Lukas Enzersdorfer-Conrad said that having licences in Austria, Germany and Malta creates optimal conditions for further growth and expansion into new markets within the European Union. Bitpanda, founded in 2014, has so far served around 6.5 million users and has cemented its status as one of the most significant players in the European digital asset market.

BybitCryptocurrency exchange Bybit also announced that it has received a licence under the EU’s Markets in Cryptoassets Regulation (MiCA) from the Austrian Financial Market Authority (FMA). The authorisation has been granted to Bybit EU, an Austrian legal entity registered under the commercial number 636180i, and grants the company the status of a regulated cryptoasset service provider (CASP). This licence enables Bybit to offer its services in all 29 states of the European Economic Area. At the same time as receiving the licence, the company officially opened its European headquarters in Vienna, which confirms the strategic choice of Austria as a centre for further expansion into the European Union market. Entering the EU market through Austria allows Bybit to serve almost 500 million potential customers within the framework of the harmonised MiCA legal system, which provides uniform rules for the regulation of crypto-assets, measures to prevent illegal activities and consumer protection mechanisms. The company’s management emphasises that obtaining a MiCA licence was an important milestone in Bybit’s strategy to focus on regulatory compliance and developing an international presence. CEO and co-founder Ben Zhou noted that the company is building a systematic interaction with regulators in various jurisdictions, seeking authorisation to work in the legal field and ensure maximum safety of users. According to him, it is compliance with the established rules that allows the company to offer innovative services in an environment of transparency and trust. Thus, registration in Austria and obtaining a MiCA licence opens the way for Bybit to gain a foothold in the European market and compete on an equal footing with the largest cryptocurrency platforms that meet the new regulatory standards of the European Union.

Key principles of MiCA resolution

The European Union’s Markets in Cryptoassets Regulation (MiCA or MiCAR), part of the EU’s Digital Finance Package, is the first comprehensive regulatory framework aimed at creating uniform rules for the cryptocurrency market. The package was proposed on 24 September 2020 and also included a Digital Operational Resilience Regulation (DORA), an initiative for a pilot regime for market infrastructures based on distributed ledger technology (DLT) and a digital financial sector strategy. After lengthy consultation and consultation, MiCA was finally adopted by the European Council on 16 May 2023, published in the Official Journal of the EU on 9 June 2023 and entered into force on 29 June 2023. Under Article 288(2) TFEU, it is directly applicable and does not require implementation at national level, but Member States are required to designate competent authorities for licensing and supervision. The main objective of MiCA is to establish a harmonised legal framework to ensure market transparency and reliability, investor and consumer protection, and the prevention of money laundering and abuse. The regulations cover a wide range of entities – both issuers of cryptoassets and service providers, including exchanges, brokers, custodians, payment solution providers and other intermediaries. All such entities are collectively known as cryptoasset service providers (CASPs). MiCA introduces a clear licensing procedure for this area and requires all active market participants to obtain authorisation from the national supervisory authority. The regulation covers a wide geographical scope and effectively claims to be global in scope: any issuance or offering of cryptoassets available to EU residents falls within the scope of regulation. The only exception is where it is not directly possible to acquire cryptoassets in the EU. Similarly, cryptoasset-related services, if offered within the EU, require a licence. This gives MiCA a cross-border character and effectively makes it a new international standard.

Regulated activities include holding and managing clients’ crypto-assets, operating trading platforms, exchanging cryptocurrency for fiat money or other tokens, executing client orders, asset allocation, accepting and transmitting orders, counselling, crypto-portfolio management, and crypto-asset transfer services. Thus, the entire range of operations that support the functioning of the crypto-economy fall under supervision. A key concept is the definition of a cryptoasset as a digital representation of value or right that can be stored and transferred using distributed ledger technology. MiCA distinguishes three main categories: asset-backed tokens (ARTs), electronic money tokens (EMTs) and utility tokens. Meanwhile, financial instruments within the meaning of MiFID II, deposits, securitisations, insurance products and most NFTs do not fall within the scope. This differentiation creates a two-tier regulatory system: on the one hand MiCA for crypto-assets, and on the other hand the current capital market legislation for tokenised securities and derivatives. The regulations impose extensive behavioural and organisational requirements on CASPs. Companies are required to act honestly, fairly and professionally in the interests of customers, provide accurate and non-misleading information, disclose risks, pricing structures and environmental impacts of technologies used, and implement internal control systems that prevent conflicts of interest and ensure risk management. Considerable attention is paid to outsourcing, corporate governance compliance and executive qualifications. Companies are required to build systems to monitor compliance with AML rules, as well as comply with operational resilience (DORA) and cybersecurity (NIS2) regulations. A special place is taken by the requirement to prepare a white paper when cryptoassets are publicly offered or admitted to trading. The document must contain information about the issuer, terms of the offer, underlying technologies, risks, and environmental aspects of the consensus mechanism. In its essence, it is comparable to a securities prospectus and is subject to strict transparency requirements. Breaches in this part can lead to claims for damages, making the completeness and accuracy of disclosure a critical duty for issuers.

The application of MiCA is being phased in. From 30 June 2024, obligations for issuers of stablecoins (ART and EMT) began. From 30 December 2024, the Regulation comes into full force, including all CASP requirements. For companies that have already been operating before this date, there is a transitional period until 1 July 2026 during which they must apply for and obtain authorisation under MiCA. However, Member States can shorten this period by restricting the ability to operate without a licence. MiCA is thus transforming the cryptocurrency market in the EU, creating conditions for the long-term sustainability and institutional development of the industry. For market participants, this means the need for careful preparation for licensing, revision of internal procedures and documentation of activities in accordance with the new requirements. For investors, it means a more protected and transparent environment. In an increasingly competitive environment, timely compliance with MiCA regulations becomes not only an obligation, but also a strategic advantage in the European and global crypto market.

Obtaining a MiCA licence in Austria

Obtaining a licence under the EU’s Markets in Cryptoassets Regulation (MiCA) is becoming a key prerequisite for all companies that intend to conduct cryptoasset activities within the European Union. From 30 December 2024, the MiCA provisions begin to apply in full, which means that any cryptoasset service providers (CASPs) operating in Austria or targeting the European market must obtain a licence from the Austrian Financial Market Authority (FMA). The MiCA licence provides companies with a strategic advantage: by holding a permit issued in one EU jurisdiction, they gain access to the entire European market through the “regulatory passport” mechanism. This eliminates the need for multiple registrations in different countries and allows companies to operate in a single legal system, which significantly reduces administrative costs. However, the procedure for obtaining a MiCA licence in Austria is complex and requires careful preparation. The FMA imposes strict requirements on capital, internal governance, management reputation and the qualifications of key personnel. The development and submission of detailed documentation, including a technical description of the business model, risk management policies, internal procedures to prevent money laundering, as well as documentation that IT systems meet operational resilience requirements, is also a prerequisite. Issuers of cryptoassets are additionally required to prepare a white paper, similar to a prospectus, which must contain full information on the project and related risks. In practice, a successful licence can only be obtained if there is a clear strategy and full compliance with all the requirements of the regulator. Errors in the preparation of documents or incomplete disclosure of information can lead to delays or refusal to issue a licence. That is why it is critical at this stage to engage experienced legal advisors with specialised knowledge of European cryptoasset regulation. The Regulated United Europe team provides comprehensive support for the process of obtaining a MiCA licence in Austria. Our lawyers conduct a preliminary audit of the client’s business model, determine whether the activity is subject to MiCA requirements, and develop a roadmap for licence preparation. Legal support is provided at every stage: from preparation of a package of documents for submission to the FMA to liaising with the regulator during the application review process. Particular attention is paid to corporate governance, AML/CFT compliance, and the structure and reputation of the company’s shareholders and directors. In addition, Regulated United Europe‘s specialists help to build a system of internal controls that complies with MiCA and related acts such as the Digital Operational Resilience Regulation (DORA). This enables clients not only to successfully obtain a licence, but also to ensure long-term regulatory compliance, which builds confidence with investors and partners.

Obtaining a MiCA licence in Austria is thus not only a formal obligation, but also an important step for entering the European crypto services market. Companies that can adapt to the new regulations in a timely manner will gain a competitive advantage and access to the EU’s multi-million dollar audience. And the legal support of Regulated United Europe allows turning this process from a complex bureaucratic procedure into a strategic opportunity to scale their business and strengthen their market position.

FREQUENTLY ASKED QUESTIONS

The MiCA licence in Austria allows companies to officially provide cryptoasset-related services under the supervision of the Austrian Financial Market Authority (FMA). The licence not only legalises activities within the country, but also opens access to the entire European Union market thanks to the "European passport" principle.

The FMA is the competent authority responsible for the licensing and supervision of cryptocurrency service providers (CASPs). It checks applications, monitors compliance and ensures the stability of the cryptocurrency market in Austria.

All Austrian crypto service providers - exchanges, brokers, custodians, stablecoin issuers and trading platform operators - are required to obtain a MiCA licence to continue operating in the market.

In Austria, custody and custodial services, exchange of cryptocurrencies for euros or other assets, operation of trading platforms, execution of client orders, investment and advisory services in the field of cryptoassets fall under MiCA.

A company must prove sufficient authorised capital, an implemented risk management system, transparent business models, and effective AML/CFT procedures in accordance with Austrian standards.

Executives are required to have an impeccable reputation, proven experience and qualifications. The FMA carefully assesses the background and competences of each member of the management team.

Stablecoin issuers (ART and EMT) operating in Austria must provide reserve funds, transparent issuance terms and redemption guarantees. The FMA pays particular attention to monitoring the sustainability of such projects.

Yes, in order to publicly offer cryptoassets or allow them to be traded on Austrian trading platforms, issuers are required to prepare a white paper detailing the project, investor rights, risks and the technical basis of the token.

The applicant submits a package of documents to the FMA, including a business plan, product description, management details, AML/CFT internal regulations as well as cyber resilience and customer protection plans.

Yes, cryptocurrency companies that were operating in Austria before 30 December 2024 on the basis of national registration can continue to operate until 1 July 2026, provided they apply for a MiCA licence.

The FMA has the right to impose heavy fines, to restrict the operations of companies and, in case of serious violations, to refer materials to the prosecutor's office for criminal proceedings.

Yes, a licence obtained in Austria is valid throughout the EU and EEA, which allows crypto services to be provided in other countries without re-licensing.

In addition to MiCA, all cryptocurrency companies are required to comply with the DORA Digital Resilience Regulation, conduct regular stress tests and provide crisis response plans, which is monitored by the FMA.

MiCA is fully applicable from 30 December 2024 and all service providers in Austria are required to bring their operations in line with the new regulation.

Lawyers can help prepare a package of documents for the FMA, adapt internal procedures to Austrian standards, accompany a company through the licensing process and ensure compliance with MiCA requirements, including corporate governance, tax and compliance.

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