MiCA regulation 1

MICA regulations

MiCA – regulation of the European Parliament and the Council of the European Union, introducing a uniform rule,  according to which all companies dealing with crypto assets will operate in the territory of all EU countries. It is expected that, when it comes into force, digital asset service providers (including cryptocurrencies) will be required to follow the set of rules.

Tokenization

For businesses, tokenization is most often limited to token issuance and technical procedure. Essentially, it is a replacement process: a tokenized object acquires its symbol in a digital environment (token), the movement of which symbolizes the movement of the object itself. Classical securities (checks, stocks, bonds) are built on the same idea of facilitating exchange through the transfer of a document based on a certain asset. All regulation of the crypto market boils down to “unpacking” token: regulators want to see the underlying asset itself and build a system of requirements on its basis.

Regulated United Europe webinar: Overview of Crypto Legislations in 2024

What is MiCA?

The regulatory environment of blockchain in the last year is shaken by polar events: on the one hand, strict restrictions of mining and turnover in China, on the other, the recognition of Bitcoin as the official means of payment in El Salvador. In turn, the European Union is moving towards creating a new environment to regulate the crypto market. In September 2020, the European Commission published the draft Regulations on Crypto Asset Markets. MiCA is to provide a comprehensive and consistent regulatory framework for crypto-assets that are not related to financial instruments, such as Stakeblocoin (ART), e-money tokens (EMT) and utility tokens.

MiCA contains a lot of mandatory provisions: requirements for white paper, cases where the publication of white paper is not required, provisions protecting buyers of assets, etc. But at this stage (February 2023), the final version of the provision is still under discussion, supplemented, commented upon. This document must be taken into account because it is already quite a clear vector of development of the European approach to cryptocurrencies, but at this stage should not be considered without two minutes adopted.

What will regulate MiCA?

MiCA (Markets in Crypto Assets) regulationThe provision introduces the following categories: a general definition of a cryptasset (a digital expression of value or rights that can be transferred and stored electronically,  using distributed registry technologies or similar technologies) and separately highlights the following forms of crypto-assets that are expected to fall into its sphere:

  • The issue of ART MiCA is subject to increased requirements: only legal entities established in the EU can issue the issue (two exceptions: the issue amount is not more than EUR 5,000,000 or the offer is sent only to qualified investors), mandatory approval of the issue, other standards of white paper production, the issuer’s obligation to maintain reserves, including through investment of reserve assets only in highly liquid financial instruments with minimal market and credit risk, monthly disclosure.
  • NFT (non-fungible token), non-replaceable tokens, also fall under the definition of a cryptasset under MiCA, but they are under the exception group and do not need to be published white paper.

What will MiCA NOT adjust?

  • directly the blockchain itself or the distributed registry technology underlying the crypto assets;
  • mining process;
  • the so-called CBDC (Central Bank Digital Currency) – official government digital currencies that are currently being negotiated and/or developed independently in each country;
  • financial instruments (incl. securities in the form of security tokens), securitization, electronic money and everything that falls under the scope of special regulation (MiFID II, E-Money Directive, etc.)

What is MiFID II and to what is it applied?

Financial markets and instruments are among the most controlled areas of government. This is necessary to protect market participants and ensure financial stability. In this case, regulation will be applied not only when the proposed financial instrument is classified as a «security#  or «derivative». It will apply when the very nature of the instrument fits the description of the financial instrument. These are security tokens that are most commonly used by Howey test, information attack and litigation. The Point of Convergence between Financial Regulation and the Crypto Market is The ESMA Clarification, which indicated that crypto-assets may be regulated by MiFID, requirements to publish prospectuses and license involved firms.

For example, the pooling of capital for reinvestment becomes a frequent story for crypto projects, which from the regulatory point of view may well fall under the definition of collective investment  — an organization that pools capital raised from participants, with the aim of investing to generate total income and distribute it to investors; Such investors do not have daily discretion or control over the organization.

The proposal of such a product is supervised by the regulator and subject to disclosure and prospectus requirements (unless the project falls under the list of exemptions).

Who will supervise the execution of MiCA?

Oversight of organizations falling under MiCA will be carried out by:

  • As a general rule, national authorities in EU Member States where they are located.
  • For Asset Based Tokens (ART) — European Banking Authority (EBA)
  • For E-Money Tokens, both national and EBA.

Who will MiCA regulate?

MiCA will affect individuals involved in the issuance and provision of crypto-assets services,  located in the EU, but equally affecting individuals outside the EU,  who, however, raise funds or provide services to EU clients. This principle of action stems from the objective of protecting EU consumers and investors.

For MiCA, two subjects become central:

1) The issuer of crypto-assets (issuer of crypto-assets) is a legal entity that offers any type of crypto-assets or seeks to admit such crypto-assets to the trading platform.

Issuers are required to:

  • by form (mandatory – legal person),
  • on the publication of the white paper (compile, notify the supervisory national authority, publish – except when the release falls under the exception, see more on the standards of white paper)
  • conform to standards (act honestly, fairly and professionally; communicate honestly with crypto-asset holders, clearly and without misleading; prevent, identify, regulate and disclose any conflicts of interest that may arise; maintain all its access security systems and protocols in accordance with relevant EU standards.)

2) Provider of services in the sphere of crypto-assets (virtual asset service providers, VASP) – any person whose occupation or business is the provision of one or more crypto assets services to third parties on a professional basis;

The services cover the following activities:

(a) Storage and management of crypto assets on behalf of third parties;

(b) Provide a trading platform for crypto assets;

(c) Exchange of crypto-assets for fiat currency, which is a legal tender; (d) Exchange of crypto-assets for other crypto-assets;

(e) Execution of orders for transactions with crypto-assets on behalf of third parties; (f) location of crypto-assets;

(g) Receiving and transmitting orders for crypto-assets transactions on behalf of third parties; (h) Providing advice on crypto-assets.

Annex 4 to MiCA provides minimum capital requirements for VASP, divided into 3 classes:

White paper requirements

Article 5 sets out the requirements for the content of the white paper, which are described in detail in Annex 1 to the Act:

  1. Detailed description of the issuer and representation of the main participants involved in the development and development of the project;
  2. Detailed information about the project, the type of crypto-assets that will be offered publicly or for which a trade permit is requested, The grounds on which crypto assets will be offered publicly or why trade admission and planned use of fiat currency or other crypto assets collected through public offer is requested;
  3. Details of the public offer (number of crypto-assets in the issue, issue price and subscription terms);
  4. Detailed description of the rights and obligations related to crypto assets and the procedures and conditions for the exercise of those rights;
  5. Information on the underlying technology and standards of the issued token;
  6. Detailed description of the risks associated with the issuer, the assets themselves, the public offering and sale;

In addition, MiCA sets the inclusion of the following information:

  1. «The issuer of crypto-assets bears full responsibility for the content of this «white book». This technical documentation on crypto-assets has not been reviewed or approved by the competent authority of any member state of the European Union»;
  2. There is no claim for the future value of crypto-assets if the issuer of these crypto-assets cannot guarantee such future value
  3. Government stats on data correctness are included;
  4. At the beginning is a summary that provides basic information about the supply of crypto assets in a short and non-technical language.

The nature of white paper regulation strongly resembles securities issuance regulation and issuers’ disclosure obligations. The same applies to the list of exceptions,  when the compilation and publication of a white paper becomes optional:

(a) Crypto assets are offered free of charge (no provision of crypto assets in exchange for entered personal information);

(b) Crypto assets are automatically created through mining as a reward for maintaining DLT or confirming transactions;

(c) Crypto assets are unique and cannot be replaced by other crypto assets (unique and not fungible);

(d) Crypto-assets are offered to less than 150 natural or legal persons in each member State if such persons act on their own behalf;

(e) Within 12 months, the general consideration of the public offer of crypto-assets in the Union does not exceed 1,000,000 euros or equivalent;

(f) The public offer of crypto-assets is addressed exclusively to qualified investors, and crypto-assets can only belong to such qualified investors.

Issuers will be required to notify the national supervisory authority of the existence of WP at least 20 working days prior to publication, as well as to provide a list of EU States in which they intend to offer their crypto-assets for public sale. In this case, this notification procedure applies only to tokens not related to ART or EMT,  for which the authorization procedure is valid (the issuer shall request authorization from the competent authority). Also MiCA sets separate content requirements for white paper for ART (Appendix 2).

MiCA regulations in EU. How MiCA regulation changes the European market of VASP companies

General information

  • The EU is considering an act that will regulate the market for crypto-assets – MiCA.
  • MiCA will affect all cryptocurrencies that cannot be attributed to financial instruments, CBDC, including stakeblocoins.
  • It is proposed to distinguish three special categories of crypto-assets: utility, ART, EMT.
  • For crypto projects that fall under the definition of a financial instrument,  it is necessary to comply with the requirements of regulation of capital markets, in particular, the provisions on disclosure of information, registration of issues, compliance with MiFID II.
  • There are requirements for persons involved in the circulation of crypto-assets. – Detailed requirements for the content of the white paper.
  • Separate modes created for ART and EMT.
  • The situation is still under consideration, but if adopted, crypto projects will be forced to provide another large area of compliance.

Current changes in the regulation of the crypto market in the EU: the background of MiCA

Despite such rapid development and the increasing importance of the crypto market, the EU has not yet had a unified surveillance regime. Although some EU member states have created their own sets of rules to regulate cryptocurrency markets under AMLD5 6, they are very different. As a result, there is no single regulation between the EU countries, no single consumer protection.

Thus, the main objective of MiCA is to create a single set of rules in the EU for dealing with crypto assets, which covers both the provision of relevant services and the regulation of products. It also includes measures to prevent abuse in the market and consumer protection aspects with respect to clients of crypto asset providers (VASP).

To achieve these goals, MiCA should apply to all individuals, entities and other companies that issue crypto assets, publicly offer them for trading, or offer other services related to crypto assets. In principle, any public activity related to crypto assets falls under the new MiCA regime in the EU.

Cryptocurrencies that are unique and non-reciprocal, such as NTF, are excluded under MiCA. However, the discussion will continue as the NFT proposed by the large series are likely to be interchangeable and therefore, in the case of a corresponding low set threshold, the NFT may also be subject to MiCA.

Regulation of cryptocurrency markets in Europe: MICA regulations

With the introduction of the MiCA regime in the EU, essentially three types of crypto-assets will be defined. These are value-based (ART) tokens, electronic money (EMT) tokens, and cryptocurrencies,  other than tokens tied to value and electronic money.

Thus, electronic money tokens are cryptocurrencies that must have a stable value by reference to the official currency (this is the official currency of the country,  issued by the Central Bank or other monetary authority).  In contrast, value-linked tokens are those that are not electronic money tokens and have a stable value by reference to any other value,  a right or a combination thereof, including one or more currencies.

To regulate the crypto market in the EU, the MiCA Regulation sets requirements in the following areas:

  • public offer;
  • access to the marketplace;
  • the content and form of White paper, a document similar to the sales prospectus, and its publication;
  • reporting and reporting obligations to oversight bodies;
  • the issuer’s redemption obligations.

In the case of value-linked tokens and electronic money tokens, there are additional requirements in the following areas:

  • the capitalization of the issuer;
  • reserve assets;
  • management requirements for the issuer;
  • expanded information obligations to supervisory authorities.

European Union countries with the largest number of cryptocurrency users

Country Number of Cryptocurrency Users
Germany Germany 5,000,000
France France 3,000,000
ItalyItaly 1,500,000
SpainSpain 1,500,000
PolandPoland 1,200,000
NetherlandsNetherlands 500,000
RomaniaRomania 300,000
PortugalPortugal 280,000
Czech RepublicCzech Republic 200,000
BelgiumBelgium 170,000

Regulation of cryptocurrency services

In addition to regulating crypto markets in Europe, MiCA regulates the provision of crypto services. Following the MiFID definitions, MiCA regulates the following services:

  • Store and manage crypto assets for clients.
  • Control the Crypto Platform.
  • Cryptocurrency exchange for fiat/other cryptocurrency.
  • Executing orders related to virtual assets for clients.
  • Transferring crypto assets to others.
  • Third party acceptance and transfer of orders for virtual assets.
  • Providing portfolio management services.

Not surprisingly, already regulated banks, financial service providers, central securities depositories, trading-floor operators, electronic money institutions, and fund managers do not need a new cryptocurrency license, if they want to provide the above-mentioned crypto services to the extent that they have provided them with the previous license. To obtain a crypto license in the EU, they only need to inform the regulator of the country in advance. The new license requirement from MiCA article 53 applies only to companies that do not yet have a license and that only want to provide services related to crypto assets. The requirements that VASPs have to meet in order to obtain authorization are comparable to those that FSPs have to consider within WpIG.

The information to be provided includes, but is not limited to: detailed business plan, equity information, management agreement documentation, owner information, proof of suitability of directors, Description of internal controls and risk analysis. A feature of MiCA is the scheduled processing time for authorities. According to article 55 MiCA, the authority must acknowledge receipt of the application in writing within 5 working days.  The competent authority shall verify the completeness of the application within 25 days of receipt of the application. After confirmation of completeness, the authority has 40 days to make a reasoned decision on whether or not to issue a permit and another 5 days to report it.

Transitional provisions for crypto service providers

If you are interested in being licensed as a virtual asset provider, then consider that there are special transitional rules for crypto service providers that already have a license in a member state at the time MiCA comes into effect.

Under the MiCA Regulation, crypto service providers that have provided their services in accordance with applicable national law prior to MiCA’s entry into force may continue to do so within 18 months of the Regulation’s entry into force. Article 123, paragraph 3, MiCA also provides for simplified registration of crypto service providers in the EU for already active suppliers. In summary procedure.

The competent authorities should only check whether the provider of such services has fulfilled general obligations and commitments with regard to the provision of special crypto-services.

It will also play a role that the European passport, i.e. the right of VASP to provide services,  subject to registration in another EU country, will be faster than MiFID. Article 58 MiCA provides for a maximum period of 15 days, according to which the national authority of the country must send the passport information to the recipient country within 10 working days, and VASP may take action after receipt of the communication, but not later than 15 days after submission to the authority of the country of origin.

It should be mentioned that CRR credit institutions and securities institutions that are already under supervision must also apply to supplement their existing passport. The application must be submitted to the authorities of the country of residence/registration at least 40 days prior to commencement of work.

Customer-driven service only/reverse application

As we have said, the MiCA Regulation will require crypto companies to register and obtain appropriate permission from the national authorities. Many companies,  based in third countries, are asking whether the MiCA Regulation is relevant to them.  If they want to offer services to customers in the EU, they must comply with this regime,  establish a physical presence in the EU and obtain permission. The only exception is when the service is provided solely at the customer’s initiative, which is also called reverse request or passive service.

In accordance with the above mentioned registration requirement does not apply if the service is provided on the initiative of the client established or residing in the Union. What is new compared to MiFID is that MiCA already contains detailed provisions on reverse request. According to this, a third-country company can only provide a specially requested service. Other additional services are not allowed.

Population of European Union countries 2024

Country Population (2024)
European Union 448,387,873
Germany 83,294,633
France 68,070,697
Italy 58,870,762
Spain 48,059,777
Poland 41,026,067
Romania 19,051,562
Netherlands 17,618,299
Belgium 11,754,004
Sweden 10,612,086
Czech Republic 10,827,529
Greece 10,341,277
Portugal 10,247,605
Hungary 9,597,085
Austria 8,958,960
Bulgaria 6,687,717
Denmark 5,910,913
Slovakia 5,795,199
Finland 5,545,475
Ireland 5,056,935
Croatia 3,850,894
Lithuania 2,718,352
Slovenia 2,119,675
Latvia 1,830,211
Estonia 1,373,101
Cyprus 1,260,138
Luxembourg 654,768
Malta 542,051

MiCA regulations 2024

The regulation of Markets in Crypto-Assets (MICA) in Europe is a key element of the European Union’s strategy to introduce and regulate digital finance, including cryptocurrencies and other cryptoassets. These regulations aim to establish legal clarity and investor protection, while promoting innovation and stability in the cryptoasset sector.

What MiCA regulation entails

MICA aims to provide a harmonised set of regulations for cryptoassets in the European Union to regulate and license service providers in cryptoasset markets, and to ensure consumer protection. These regulations cover a wide range of assets, including stablecoins and other types of cryptocurrencies, and aim to ensure transparency, prevent fraud, money laundering and terrorist financing, and promote the sustainable development of the crypto industry. The MICA regulations require each member state to designate a supervisory authority to ensure compliance with the regulations.

When MiCA regulation will come into force

On 9 June 2023, the European Union officially announced the entry into force of the Markets in Cryptoassets Regulation (MiCA), marking a new era in the regulation of digital assets across the EU. From 20 June 2023, the regulation begins its implementation, providing for a phased introduction of rules: the first series of regulations will be activated on 30 June 2024, followed by a second wave of regulation scheduled for 30 December 2024. MiCA is intended as a comprehensive regulatory framework for the governance of the cryptocurrency industry within the EU.

Under Article 143(3) of the MICA, cryptocurrency companies with local registration are permitted to provide their services until 30 December 2024 and may continue to do so until 1 July 2026 (the “transition period”) or until they are granted or denied a permit to conduct cryptocurrency activities under the MICA, whichever comes first.

By 30 June 2024, each EU Member State must notify the European Commission and ESMA whether they will use the transition option or shorten it for their country. For example, Spain wants to shorten the transition period to 1 January 2026.

Companies operating in the field of virtual assets that have obtained local registration before 30 December 2024 will receive all the benefits of local registration during the transition period.

Which companies will be affected by the MiCA regulations

Markets in Crypto Assets addresses a wide range of cryptoasset market participants, including:

  • Cryptocurrency exchanges: These companies will have to obtain the appropriate licence and comply with AML/CFT (anti-money laundering/combating the financing of terrorism) standards.
  • Cryptoasset custodians (crypto wallets): Cryptoasset custodians are also subject to MICA and must provide a high level of protection for customer funds.
  • Stablecoin Issuers: Companies issuing stablecoins face additional capital and operational requirements.
  • Other cryptoasset market participants: Including ICO (initial coin offering) platforms, which must now comply with certain transparency and investor protection requirements.

The MICA regulations will be an important step towards creating a safe and stable environment for the trading and use of cryptoassets in Europe, while protecting consumers and fostering innovation in this fast-growing industry.

Regulation (EU) 2023/1114 represents a strategic step by the European Union towards the integration of cryptoassets into the regulated financial space, providing legal clarity for market operators and consumer protection. It introduces standardised licensing, operational security and transparency requirements for cryptoasset service providers, highlighting the importance of innovation and fair competition while maintaining high standards of investor protection and market resilience.

Key Provisions of Markets in Crypto Assets

MiCA regulations detail cryptoassets, dividing them into three main categories:

  • Electronic money tokens (EMTs), which are the digital equivalent of fiat currencies backed by guarantees from central banks or financial institutions.
  • Asset-Related Tokens (ARTs) that retain value by being linked to other assets or rights, including multi-fiat stablecoins and other tradable commodities.
  • Service tokens, not categorised as EMT or ART, that provide access to certain services or products with no direct financial value.

Who is affected by the Markets in Crypto Assets rules

The MiCA rules are mandatory for organisations involved in issuing or providing services related to cryptoassets, including crypto exchanges, wallet providers, and ICO initiators. It also applies to organisations holding cryptoassets on behalf of clients.

New responsibilities under Markets in Crypto Assets

Cryptoassets require a special authorisation and registration with the European Securities and Markets Authority (ESMA), making the activity regulated. The authorisation is valid in all EU member states, facilitating business activities across the Union.

Crypto companies should develop and implement internal policies and procedures to ensure regulatory compliance, including business continuity, risk management and complaint handling plans. Measures should also be taken to protect the rights of consumers and investors, including implementing AML/KYC procedures.

Further in this article the lawyers from Regulated United Europe would like to review the entry into force of MiCA regulations p various countries of the European Union.

MiCA regulations in Lithuania 2024

MiCA regulations in Lithuania Understanding MiCA Regulation in Lithuania: A Strategic Overview for Crypto Enterprises

As Lithuania continues to emerge as a vibrant hub for fintech and blockchain innovation, the introduction of the Markets in Crypto-Assets (MiCA) regulation represents a pivotal development for entities operating within the crypto sector. This EU-wide legislation aims to standardise regulatory practices across member states, offering a clearer, more harmonised framework for crypto asset activities. For Lithuanian businesses in the crypto sphere, understanding and preparing for MiCA is crucial for compliance, market stability, and consumer protection.

Timeline for Implementation

MiCA’s regulatory framework is set to be phased in, with full implementation anticipated by 2024. This staged approach allows Lithuanian crypto businesses time to align their operations with the new regulatory requirements, ensuring a seamless transition. The exact dates and milestones for implementation will be communicated through Lithuanian regulatory authorities, providing firms with specific timelines for compliance.

Compliance Obligations for Crypto Businesses

Adherence to MiCA regulations necessitates comprehensive adjustments across various operational facets of crypto businesses. Lithuanian firms must be proactive in understanding and implementing the required measures:

  1. Licensing Requirements: Central to MiCA is the mandate for crypto-asset service providers (CASPs) to secure proper licensing. This involves demonstrating adherence to strict operational standards, including governance, risk management, and the safeguarding of client assets.
  2. Operational Resilience: Firms are required to establish robust procedures for managing operational risks. This encompasses cybersecurity defences, data protection, and the resilience of technical systems to ensure uninterrupted service delivery.
  3. Transparency and Fair Trading: MiCA emphasises the need for clear, honest communication with consumers. This includes detailed disclosures about the nature of crypto assets, the risks involved in trading and investing, and the costs associated with services provided.
  4. Anti-Market Abuse Measures: To maintain market integrity, companies must implement systems to prevent insider trading, market manipulation, and other unethical practices. This includes monitoring transactions and reporting suspicious activities to the relevant Lithuanian authorities.
  5. Consumer Protection: A cornerstone of MiCA is the protection of investors and users. Crypto businesses are required to segregate clients’ funds, establish clear complaint handling procedures, and ensure users are adequately informed about their investments.

Navigating the Regulatory Landscape

For Lithuanian crypto businesses, navigating the MiCA regulations entails both challenges and opportunities. Compliance not only reinforces the legitimacy and stability of the crypto market but also positions companies as trustworthy and reliable players in the eyes of consumers and investors. Engaging with local regulatory bodies, staying abreast of implementation updates, and adopting best practices are essential steps in this journey.

Conclusion

The MiCA regulation marks a new era for the crypto industry in Lithuania and across the European Union. By fostering a regulated, secure, and transparent environment, MiCA aims to enhance the credibility of the crypto market, protect consumers, and encourage innovation. Lithuanian crypto businesses that proactively adapt to these regulations will be well-placed to thrive in the evolving digital asset landscape, leveraging regulatory compliance as a strategic advantage. The Lithuanian government is in an active stage of preparation for the implementation of the MiCA Regulation, which will become effective throughout the European Union from 30 December 2024. It is worth noting that this regulation includes a transition period until 1 July 2026, providing a timeframe for cryptocurrency service providers to adapt to the new requirements. Nevertheless, the significant risks identified, including money laundering, terrorist financing, circumvention of international sanctions and fraud in this area, emphasise the urgency of starting the preparation and implementation of the regulation in Lithuania. Therefore, it is proposed to abandon the use of the transition period in our country and to start implementing the MiCA Regulation requirements earlier – from 30 December 2024. In addition, supervisory authorities are recommended to start preparatory activities prior to the entry into force of this regulation.
This is a significant change: the activities of cryptocurrency service providers, as well as other financial market participants, will be subject to regulation, with the establishment of new standards for consumer protection. These changes will start to take effect at the level of the entire European Community. The Bank of Lithuania will be responsible for issuing licences to cryptocurrency market participants and, together with the FNTT, will supervise them in the field of preventing money laundering and terrorist financing.

MiCA regulations in Austria 2024

MiCA regulations in Austria MiCA Regulation in Austria: A New Era for the Crypto Industry

The introduction of cryptoasset market regulation (MiCA) in the European Union opens a new chapter in digital asset management, and Austria, as part of the EU, is preparing to actively adapt these regulations. MiCA aims to create a unified regulatory approach to cryptoassets, ensure investor protection, and maintain market stability and transparency. For cryptocurrency companies operating in Austria, understanding and complying with these new requirements is a key element of successful operations.

Timeline for Entry into the Force

Full implementation of MiCA regulation is expected to begin in 2024, following a transition period provided to allow firms to adapt their operations to the new rules. This timeline provides ample time for Austrian cryptoasset firms to evaluate their current processes and make the necessary changes to comply with MiCA.

Requirements to Companies

MiCA regulation imposes a number of requirements on companies operating in the cryptosphere, including:

  1. Licensing and Registration: Companies providing services related to cryptoassets must obtain the appropriate licence or register with regulatory authorities. This requirement ensures that the companies’ activities meet standards of safety and transparency.
  2. Operational Resilience: To protect customers and ensure service reliability, companies must develop and maintain high standards in risk management, cybersecurity and data protection.
  3. Transparency and Good Practices: MiCA requires firms to provide full information about their services, including disclosure of the risks associated with investing in crypto-assets and their cost structure.
  4. Consumer protection: An important aspect of MiCA is consumer protection, including measures to ensure transparency of transactions and access to remedies in the event of disputes.
  5. Prevention of Market Abuse: Companies should implement mechanisms to prevent fraud, market manipulation and other abusive practices.

Conclusion

For Austrian cryptocurrency companies, adapting to MiCA regulation is not just a legal necessity, but also an opportunity to increase customer and investor confidence. The transparency, security and stability provided by this regulation contribute to a healthy and fair trading environment. The entry into force of MiCA in Austria opens up new prospects for innovation and growth in the crypto industry, emphasising the importance of meeting global standards in financial technology.


MiCA regulations in Belgium 2024

MiCA regulations in Belgium MiCA Regulation in Belgium: Moving Towards Transparency and Security in the Crypto Industry

The regulation of cryptoasset markets (MiCA) represents a significant step towards establishing uniform rules for the cryptocurrency sector in the European Union, and Belgium, as an active EU member, is preparing to implement these regulations. The regulation aims to ensure market stability, security and transparency, protect investors and consumers, and prevent money laundering and terrorist financing through cryptoassets.

Key Dates and Timeframes

MiCA regulation is expected to come into force in 2024, giving companies operating in the crypto industry ample time to adapt to the new requirements. This transition period is critical to ensure a smooth transition to the new regulatory landscape without negatively impacting current operations.

Requirements to Companies

Under the MiCA regulation, cryptoasset companies operating in Belgium will have to comply with a number of requirements, including:

  1. Licensing and Registration: Companies must obtain a licence or register with the relevant regulatory authorities to provide cryptoasset related services.
  2. AML/CFT compliance: Companies should strengthen their AML/CFT systems, ensure adequate customer due diligence and transaction monitoring.
  3. Consumer protection: It is important to ensure transparency of product information, including the risks, costs and terms of use of cryptoassets, and to establish clear procedures for handling complaints.
  4. Operational Resilience: Systems and procedures should be developed and maintained to ensure a high level of security and reliability of operations, including cyber security measures.
  5. Transparency and Risk Communication: Companies are required to inform consumers of all potential risks associated with investing in cryptoassets and to ensure honesty and transparency in their promotional communications.

Conclusion

The implementation of MiCA regulation in Belgium is a key moment for the crypto industry, offering a framework for the development of a safe and transparent cryptoasset market. It is important for companies operating in this field to not only comply with the new requirements, but also to see them as an opportunity to increase trust and legitimacy in the eyes of customers and regulators. Adapting to MiCA requires a strategic approach and careful planning, which ultimately contributes to sustainable growth and innovation in Belgium’s cryptocurrency ecosystem.


MiCA regulations in Bulgaria 2024

MiCA regulations in Bulgaria The implementation of the Markets in Cryptoassets Regulation (MiCA) represents a landmark moment for the cryptocurrency sector in Bulgaria. As part of the European Union’s extensive efforts to create a standardised and safe environment for trading and investing in cryptoassets, MiCA aims to ensure transparency, investor protection and market stability. For Bulgarian cryptocurrency companies, this regulation sets new standards and requirements to aspire to.

Time of Entry into the Force

MiCA is expected to come into force in 2024, providing companies with a transitional period to adapt to the new rules. This period will allow Bulgarian businesses involved in the cryptoasset sector to prepare for full compliance with the regulatory requirements necessary to operate within the EU.

Key Requirements for Companies

  1. Licensing and Registration: All companies providing services related to cryptoassets will be required to undergo a licensing or registration process with the relevant regulatory authorities. This will ensure the legitimacy of their operations in accordance with European standards.
  2. Compliance with AML/CFT Rules: Companies should strengthen their systems to prevent money laundering and terrorist financing, including conducting thorough customer due diligence and monitoring transactions.
  3. Consumer protection: MiCA emphasises the need to ensure transparency of information on products and services provided to consumers and to establish clear procedures for handling complaints and disputes.
  4. Transparency and Good Practices: Companies must provide full and clear information about the risks associated with investing in cryptoassets, including potential losses and costs.
  5. Operational Resilience: Implement robust risk management and cybersecurity systems to ensure stability of operations and protection of customer data.

Conclusion

MiCA regulation presents Bulgarian cryptoasset companies with a number of challenges, but at the same time offers opportunities for development within a safe and regulated environment. Adapting to these new requirements will require careful planning and implementation of appropriate governance and control mechanisms. In the long term, MiCA compliance will not only increase confidence in the crypto industry in Bulgaria, but also ensure its sustainable development in the European market.


MiCA regulations in Croatia 2024

MiCA regulations in Croatia The implementation of the regulation of cryptoasset markets (MiCA) is a significant step for the European Union in general and Croatia in particular. This regulation represents the EU’s efforts to create a harmonised approach to the regulation of cryptocurrencies, which aims to ensure investor protection, maintain market stability and prevent financial crime.

Time Frames and Entry into the Force

The full MiCA requirements are expected to come into force in 2024, giving companies operating in the Croatian crypto industry ample time to adapt and comply with the new regulatory requirements. This period implies the need to deeply analyse current operating procedures and, if necessary, adjust them to the new regulatory landscape.

Key Requirements for Companies

  1. Licensing and Registration: Companies providing services related to cryptoassets will be required to obtain a licence or register with the national regulator. This will ensure transparency of their activities and promote consumer protection.
  2. AML/CFT compliance: An important aspect of MiCA is the strengthening of anti-money laundering (AML) and counter-terrorist financing (CFT) measures. Companies must implement effective systems to identify and verify their customers and monitor transactions.
  3. Consumer protection: The regulation requires companies to provide a high level of transparency regarding cryptoasset products and services, including clear communication about risks and potential costs.
  4. Operational Resilience: Companies must demonstrate their ability to manage operational risks, including cybersecurity and data protection, to prevent loss of customer assets.
  5. Reporting and Transparency: MiCA imposes regular reporting and transparency requirements on firms to help create trust and stability in the market.

Conclusion

For Croatian cryptoasset companies, adapting to MiCA regulation presents both a challenge and an opportunity. On the one hand, it requires a review and possible modification of internal procedures and policies. On the other hand, MiCA compliance can help build confidence in the crypto industry, ensure investor protection and maintain financial market stability.

The implementation of MiCA in Croatia reflects the pan-European trend towards stronger regulation of cryptocurrencies and provides a unique opportunity for companies to establish themselves as leaders in innovative financial services, operating within a clear and fair regulatory environment.


MiCA regulations in Cyprus 2024

MiCA regulations in Cyprus Given the rapid development of digital finance and the cryptocurrency market, the European Union has adopted the Markets in Cryptoassets Regulation (MiCA), aimed at creating a common regulatory approach across all member states, including Cyprus. This regulation will lay the foundation for transparency, security and stability in the crypto industry, while protecting the rights of consumers and investors.

Chapter 1: Overview of MiCA MiCA is a set of measures designed to regulate activities related to cryptoassets, including exchange platforms, storage wallets, and ICO/STO offerings. The main objectives of MiCA are to increase transparency of transactions, combat money laundering, prevent fraud, and protect consumers.

Chapter 2: Entry into Force and Transition Period The MiCA regulation is expected to come into force in 2024, providing a transition period for Cypriot companies to adapt to the new requirements. This period is important for organisations to review their operational processes and ensure they are compliant with the new regulations.

Chapter 3: Key Requirements for Companies

  • Licensing and Registration: All crypto platforms and service providers in Cyprus will be required to obtain a licence or register with the relevant regulatory authorities.
  • AML/CFT compliance: Companies are required to implement effective systems to prevent money laundering and terrorist financing.
  • Consumer protection: The obligation to provide consumers with clear and complete information about products, services and related risks.
  • Reporting and Transparency: The need for accurate reporting and transparency of all transactions to regulators and clients.

Chapter 4: Impact on the Crypto Industry in Cyprus The MiCA regulation will provide the Cypriot crypto industry with a unique opportunity to develop within a well-defined and secure environment. It is expected to increase confidence in cryptocurrency transactions on the island, helping to attract new investors and expand the market.

Conclusion: The adoption of MiCA regulation in Cyprus is an important step towards integrating the crypto-economy into the pan-European financial system. It will not only strengthen the legal framework for dealing with cryptoassets, but also contribute to a more secure, transparent and stable cryptocurrency environment, opening up new opportunities for growth and innovation.


MiCA regulations in Czech Republic 2024

MiCA regulations in Czech RepublicWith the rapid development of digital finance, the regulation of cryptoasset markets (MiCA) represents a key step towards ensuring common standards of protection, transparency and stability within the European Union. For the Czech Republic, which is actively developing its financial sector and crypto-industry, adapting to MiCA becomes an important task, emphasising the desire to integrate with European financial markets and provide a safe space for investors and crypto-asset users.

Chapter 1: Overview of MiCA Regulation MiCA, which is a comprehensive regulation, aims to standardise the rules for operating in the cryptoasset market across all EU member states. MiCA aims to ensure transparency in cryptoasset transactions, protect investors, prevent money laundering and terrorist financing, and promote innovation and market stability.

Chapter 2: Timeframe and Transition Period MiCA is expected to come into full force in 2024, providing a transition period for companies to ensure they are fully compliant with the new requirements. This period will allow Czech companies to make the necessary adaptations to their operating procedures, risk management systems and KYC/AML policies.

Chapter 3: Company Activity Requirements Under MiCA, cryptoasset companies operating in the Czech Republic will have to comply with a number of key requirements:

  • Licensing and Registration: Obtain appropriate licences for cryptoasset related activities.
  • AML/CFT compliance: Strengthening measures to combat money laundering and terrorist financing.
  • Consumer Protection: Ensuring a high level of transparency and consumer protection.
  • Reporting and Transparency: Introducing strict reporting requirements and ensuring transparency of operations.

Chapter 4: Impact on the Czech Crypto Market The adoption of the MiCA will have a significant impact on the Czech crypto industry by establishing a framework for the development of a legal and secure cryptoasset market. For companies, it will be an incentive to innovate and improve the quality of services. For investors and users, it will guarantee the protection and transparency of transactions.

Conclusion: MiCA represents an important step towards a harmonised and secure cryptoasset market in the Czech Republic and the entire European Union. This regulation will not only strengthen trust in digital finance, but will also protect investors while fostering innovative development of the industry.


MiCA regulations in Denmark 2024

MiCA regulations in Denmark The issue of regulation of cryptocurrencies and related assets has recently become increasingly relevant amid the growing popularity and influence of crypto-assets in the global economy. This is especially true in the European Union, where Markets in Crypto-Assets (MiCA) is a breakthrough legislation aimed at creating a pan-European regulatory framework for crypto-assets. Denmark, as a member of the EU, is also subject to this regulation.

Key Aspects of MiCA

MiCA covers a wide range of crypto market participants, including natural and legal persons engaged in the issuance, public offering and admission to trading of crypto-assets, as well as the provision of related services. The regulation classifies crypto-assets into three main categories: asset reference tokens (ARTs), electronic money tokens (EMTs) and utility tokens, each subject to unique regulatory requirements for public offerings.

Requirements to Companies

Cryptoasset companies operating in Denmark and the rest of Europe must comply with a number of requirements, including having an office in an EU country, having at least one EU resident director, implementing anti-money laundering (AML), continuity of services and data security policies and procedures. There are also rules for marketing communications and the adoption of certain measures to prevent market abuse and the proper handling of complaints.

Timeline for Entry into the Force

MiCA is expected to formally enter into force 20 days after its publication in the Official Journal of the European Union, which should have been around June 2023. By June 2024, the European Securities and Markets Authority (ESMA), in co-operation with the European Banking Authority (EBA), should prepare draft delegated acts. By December 2024, the remaining MiCA rules should be fully in force

Importance of Preparation and Compliance

It is important to note that the full protections under MiCA will not apply in the implementation period until 1 July 2026 if Member States have taken advantage of the provisions of the predecessor publishers and CASP.

Overall, MiCA represents a significant step towards unification and increased regulatory control over crypto-assets in Europe, which will certainly have a significant impact on the cryptocurrency market and companies operating in this area, including Denmark. These requirements will require a profound overhaul of operational and legal processes for many market participants and pave the way for greater access to markets across the European Union under a single licence.

It is important for companies operating in the crypto sphere to start preparing to meet the new requirements as early as possible, taking into account the timeframe and complexities of permitting and licensing procedures. This includes adapting their products, services and internal processes to the new regulatory landscape, as well as increasing their focus on AML, data protection and operational resilience.

Overall, MiCA provides a unique opportunity for the crypto-asset industry to become more transparent, secure and recognised at a European level, but requires significant effort to comply with the new standards.


MiCA regulations in Estonia 2024

MiCA regulations in Estonia The entry into force of the Crypto Asset Markets Regulation (MiCA) in Estonia is a significant step towards strengthening the legal framework for the crypto industry within the country and the European Union as a whole. Estonia, known for its innovative approach to technology and entrepreneurship, is actively adapting to the new regulatory landscape created by MiCA.

MiCA Main Provisions

MiCA is a comprehensive regulation aimed at ensuring the transparency, safety and sustainability of the crypto-asset market in the European Union. The regulation covers a wide range of activities related to crypto-assets, including their issuance, trading, exchange and storage, as well as the provision of related services.

Requirements to Companies

For companies operating in the crypto-asset sector in Estonia, MiCA introduces a number of key requirements that relate to, among other things:

  • Licensing and oversight: Companies must obtain the appropriate licences to operate, which involves going through screening procedures and meeting established safety and transparency criteria.
  • AML/CFT Policies: Implement and enforce strict policies against money laundering and terrorist financing.
  • Data protection and privacy: Compliance with regulations on data protection and customer privacy.
  • Transparency and information: A duty to inform clients about the risks associated with crypto-assets and to provide full and honest information about their services.

Timeline for Entry into the Force

MiCA is expected to become effective in Estonia in accordance with the pan-European implementation schedule, which envisages a phased application of various aspects of the regulation from the date of its official publication in the Official Journal of the European Union. This implies that the first elements of MiCA will enter into force in the near future, and full application of the regulation is expected by the end of 2024.

Conclusion

The adoption of MiCA in Estonia requires local and international cryptoasset companies to rethink their business models and adapt to the new rules. This includes not only changing internal procedures and policies, but also actively engaging with regulators to ensure full compliance with MiCA requirements. At the same time, establishing clear rules and standards in the crypto-asset sector contributes to the creation of a more stable and secure market, which in turn can stimulate further innovation and investment in this area.

Overall, MiCA is becoming a catalyst for significant changes in the cryptoasset market in Estonia and beyond. Preparing for the full implementation of MiCA requires companies to not only carefully study the new rules, but also actively engage with regulators and experts to ensure full compliance. This will not only ensure compliance with the legislation, but also help build customer and investor confidence in the Estonian crypto sector.


MiCA regulations in Finland 2024

MiCA regulations in Finland Interest in cryptocurrencies and blockchain technology has grown significantly in recent years, prompting the need for uniform rules and standards for the regulation of crypto-assets in the European Union. The Markets in Cryptoassets Regulation (MiCA) is a response to this need, offering a comprehensive set of rules to protect investors and ensure market stability and transparency. For Finland, a country with an advanced digital economy and a strong use of innovative technologies, the implementation of MiCA represents an important step towards strengthening its leadership position in digital finance.

MiCA Main Provisions

MiCA covers a wide range of aspects related to crypto-assets, including their issuance, circulation, storage and exchange. The regulation aims to establish uniform standards for crypto market operators, ensure consumer protection and prevent financial crimes such as money laundering and terrorist financing.

Requirements to Companies

With the introduction of MiCA, Finnish crypto-asset companies will face new requirements, including the need to obtain a licence to operate, comply with AML/CFT standards, obligations to protect customer data and ensure transparency of their operations. In addition, companies will have to provide detailed information about their products and services, including the risks associated with investing in crypto-assets.

Timeline for Entry into the Force

MiCA is tentatively expected to become effective in Finland according to the timetable set by the European Union. The first elements of the regulation should come into force in the coming months, with full implementation of all requirements by the end of 2024. This gives Finnish companies and regulators time to prepare and adapt to the new environment.

Conclusion

The implementation of MiCA in Finland opens new opportunities for the development of the crypto sector, offering clear and fair rules of the game for all market participants. At the same time, companies face the challenge of adapting to the new requirements, which requires careful consideration of the regulation and possibly adjusting business processes. Successful implementation of MiCA will allow Finland to create a safer and more attractive environment for the investment and use of crypto-assets, contributing to the further development of the country’s digital economy. It is a time for companies to take proactive steps to adapt their operations to the new regulatory requirements to ensure they meet international standards and build trust with customers and partners. In the long term, MiCA represents an important tool to ensure the stability and transparency of the crypto market, which is a key condition for its sustainable development and integration into the global financial system.


MiCA regulations in France 2024

MiCA regulations in France The introduction of MiCA (Markets in Crypto-Assets) regulation in France marks a significant transition for the country’s crypto sector to a more structured and regulated operating environment. This regulation, proposed by the European Union, aims to create harmonised standards for the management of crypto-assets across all member states, including France. Examining the main aspects of MiCA and its implications for the French crypto space is key to understanding the future direction of the industry in the country.

MiCA Main Provisions

MiCA provides for comprehensive regulation to ensure the transparency, safety and sustainability of the crypto-asset market. It covers all aspects of crypto-asset-related activities, including issuance, trading, custody and transfer. Special attention is paid to investor protection, prevention of money laundering and terrorist financing, and strengthening the integrity and stability of the financial market.

Requirements to Companies

For French companies operating in the crypto sphere, MiCA introduces a number of mandatory requirements:

  • Licensing and Registration: Companies must go through a licensing or registration process to provide crypto-asset related services.
  • AML/CFT Policies: Effective systems and control procedures should be put in place to comply with AML/CFT requirements.
  • Investor Protection: Companies are required to provide clear and transparent information about services and products and all associated risks.
  • Operational Reliability: A high level of security and reliability must be ensured for all systems and technologies used.

Timeline for Entry into the Force

MiCA is expected to enter into force in France in line with the overall timetable of the European Union. It was originally planned that the main provisions would come into force upon formal publication of the regulation in the Official Journal of the European Union, which was expected to take place in 2023. Full application of all aspects of MiCA is expected by the end of 2024.

Conclusion

The adoption of MiCA in France presents the crypto industry with new challenges and opportunities. On the one hand, stricter requirements and the need for compliance may require significant efforts from companies to adapt their operations. On the other hand, the establishment of a pan-European standard promises to build confidence in the crypto-asset market, improve investor protection and foster innovation and growth in this rapidly evolving industry. France, as a country with a developed financial infrastructure and an active crypto community, can benefit greatly from the effective implementation of MiCA, ensuring transparency and security in crypto-asset transactions at the national and European level.

For companies operating in the crypto sphere in France, now is a critical time to analyse and prepare for the upcoming changes. It is important to scrutinise the MiCA requirements and start planning the necessary adaptations in operations, risk management systems and internal procedures. This will not only help to avoid potential legal and financial risks, but also ensure sustainable development and growth in the new regulatory environment.

In the long term, MiCA provides a unique opportunity for French companies to strengthen their position in the EU market, expand their reach and contribute to the development of a safe and innovative crypto space. It is important that all stakeholders, including businesses, regulators and investors, actively co-operate to ensure a smooth and efficient transition to a new regulatory framework that will help the crypto industry continue to thrive in France and beyond.


MiCA regulations in Germany 2024

MiCA regulations in Germany The introduction of Markets in Crypto-Assets (MiCA) regulation in Germany represents a significant step towards standardising and streamlining the cryptocurrency market within the European Union. Designed to ensure transparency, security and stability in crypto-assets, MiCA establishes uniform requirements and standards for all market participants operating in EU member states, including Germany.

MiCA Main Provisions

MiCA regulation covers a wide range of aspects of crypto-asset activities, including their issuance, trading, custody and related services. Particular attention is paid to investor protection, the prevention of money laundering (AML) and terrorist financing, as well as strengthening market integration and innovation.

Requirements to Companies

Crypto-asset companies in Germany will have to comply with a number of key requirements under MiCA:

  • Licensing and Registration: The need to obtain the appropriate licence or registration to provide services related to crypto-assets.
  • Anti-Money Laundering Policies: Implement and enforce strict anti-money laundering and counter-terrorist financing procedures.
  • Consumer Protection: Ensuring transparency of information about crypto-assets and related risks, as well as consumer protection.
  • Operational Security: Maintaining high security standards to protect client data and assets.

Timeline for Entry into the Force

The MiCA regulation is expected to become applicable in Germany once it formally enters into force within the European Union. According to EU plans, MiCA was to be published in the Official Journal of the European Union, after which it will enter into force within two years, which implies a gradual introduction of various aspects of the regulation until it is fully implemented by the end of 2024.

Conclusion

For German crypto-asset companies, the implementation of MiCA is both a challenge and an opportunity. On the one hand, it requires companies to adapt their operations to the new regulatory requirements, which can require significant effort and resources. On the other hand, standardising the regulatory environment helps to build investor and consumer confidence in cryptocurrencies and related technologies. The implementation of MiCA provides a platform for innovation and growth by allowing companies to develop new products and services within a well-defined regulatory environment.

Adapting to MiCA requirements will require German companies not only to revise their internal policies and procedures, but also to strengthen measures to protect customers and ensure the transparency of their operations. This, in turn, may help strengthen Germany’s position as one of the leading centres of the crypto industry in Europe and globally.

In order to realise this transition, it is important that all market participants – from startups to large financial institutions – actively cooperate both among themselves and with regulators. This will help ensure smooth integration of the new regulations and contribute to a favourable environment for the further development of the crypto ecosystem in Germany.

Overall, MiCA opens a new chapter in the history of crypto-assets in Germany, offering a framework for sustainable market development based on security, stability and innovation. Compliance with these standards will not only increase confidence in the crypto sector, but also facilitate its further integration into the global financial system.


MiCA regulations in Greece 2024

MiCA regulations in Greece Once the Crypto Asset Markets Regulation (MiCA) comes into force in Greece, it will bring significant changes for companies operating in the cryptocurrency and blockchain technology sectors. The introduction of MiCA, which is a European Union initiative, aims to create a unified regulatory approach to crypto-asset management across all member states, including Greece. This regulation will mark a new era in the management and supervision of the cryptocurrency market, providing increased investor protection and financial market stability.

Main Aspects of MiCA and their Impact on Greece

MiCA introduces standardised licensing and operational requirements for all crypto-asset businesses in the EU, including Greece. Key aspects include:

  • Licensing and Registration: Companies providing services related to crypto-assets will have to undergo a licensing or registration process with the relevant regulatory authorities.
  • Anti-Money Laundering (AML) Policies: Introducing strict anti-money laundering and counter-terrorist financing measures for all crypto-asset market participants.
  • Consumer Protection: Mandatory disclosure of risks associated with investments in crypto-assets and provision of transparent information about products and services.
  • Operational Requirements: Establish security and risk management standards to ensure client assets are protected.

Timeline for Entry into the Force

MiCA is expected to become effective in Greece upon its final adoption and publication in the Official Journal of the European Union. In line with the overall timetable, the main provisions of MiCA are expected to come into force within two years of publication, giving companies time to prepare and adapt to the new requirements.

Conclusion

For the Greek crypto sector, the implementation of MiCA represents an important step towards integration into the pan-European regulatory environment, providing a level of protection and stability comparable to traditional financial markets. This will not only increase confidence in crypto-assets among investors and consumers, but also contribute to the further growth and development of the crypto-industry in Greece.

Crypto-asset companies will have to carefully prepare to meet the new standards set by MiCA. This requires not only a review of internal procedures and policies, but also the implementation of systems that ensure a high level of protection of client data and assets, as well as effective risk management.

Importantly, successful adaptation to MiCA not only minimises potential legal and regulatory risks, but also opens up new opportunities for growth and development in the EU market. Greek companies can use this as a chance to build confidence in their services among clients and expand their presence internationally by complying with common European standards.

In this period of transformation of the crypto industry in Greece, cooperation between companies and regulators will be a key success factor. Active engagement in dialogue and knowledge sharing will help not only to adapt to new requirements, but also to foster a regulatory environment that supports innovation and market development.

Finally, the implementation of MiCA in Greece is a significant step towards creating a more secure, transparent and stable environment for crypto-assets. This not only contributes to the protection of investors and consumers, but also opens up new prospects for growth and innovation in the country’s crypto industry.


MiCA regulations in Hungary 2024

MiCA regulations in Hungary The Cryptoasset Markets Regulation (MiCA) proposed by the European Union represents a significant step towards standardisation and regulation of cryptocurrency transactions in all member states, including Hungary. This regulation aims to ensure transparency, security and stability of the market, as well as to protect the rights of consumers and investors in crypto-assets.

Main Aspects and Requirements

MiCA introduces a range of requirements for crypto-asset companies, including:

  • Licensing and Registration: Companies providing services related to crypto-assets will be required to obtain a licence or register with the relevant regulatory authority.
  • Compliance with AML/CFT Rules: Implementing strict measures to prevent money laundering and terrorist financing.
  • Investor Protection: Providing detailed and accurate information about the risks associated with investing in crypto-assets.
  • Technical and Operational Security: Ensuring the safe and secure storage and transmission of crypto-assets.

Timeline for Entry into the Force

MiCA is expected to come into force upon final approval and publication in the Official Journal of the European Union, followed by a transition period for companies to comply with the new requirements. Whilst the exact dates may vary, it is anticipated that the main provisions will begin to apply within a few years of formal entry into force.

Significance for Hungary

For the Hungarian crypto market, the introduction of MiCA signifies the beginning of a new era with an increased focus on investor protection and integration with pan-European regulatory standards. This not only promotes trust and market stability, but also opens up new opportunities for innovation and development of the crypto industry in Hungary.

MiCA implementation companies in Hungary will have to thoroughly review their operational processes, policies and risk management systems to ensure full compliance with the new regulations. This requires significant efforts in training, technological adaptation and possibly reorganisation of some aspects of operations.

Conclusions

The implementation of MiCA regulation in Hungary is an important step towards creating a transparent, secure and innovative crypto market integrated into the single European economic space. This presents both challenges and opportunities for local companies looking to develop the crypto industry in the country. Successful adaptation to MiCA requirements will not only build confidence in crypto-assets among the general public and investors, but also contribute to the sustainable development of the entire industry in Hungary. It is important that Hungarian companies start preparing for the upcoming changes now in order to maximise the opportunities that the new regulation offers.


MiCA regulations in Ireland 2024

MiCA regulations in Ireland The Cryptoasset Markets Regulation (MiCA) proposed by the European Union represents the largest crypto market standardisation and regulation initiative in history. For Ireland, a country with a vibrant fintech sector and significant interest in digital finance innovation, the implementation of MiCA will be a significant milestone that promises to strengthen the legal framework for crypto-asset-related activities.

MiCA Main Aspects and Requirements

MiCA aims to create a unified approach to the regulation of crypto-assets across all EU member states, setting clear requirements for all market participants. Key points include:

  • Licensing: All companies dealing with crypto-assets must obtain a licence to operate within the EU.
  • Transparency: Raising transparency standards to protect investors and consumers.
  • Anti-Money Laundering (AML): Strengthening policies and procedures to prevent money laundering and terrorist financing.
  • Operational Requirements: Establish standards for operational security, risk management, and data storage.

Timeline for Entry into the Force

Once finalised, MiCA is expected to be phased into the legislation of EU member states, including Ireland. Key provisions of MiCA are scheduled to come into force within a few years of its official publication, giving companies time to adapt to the new requirements.

Impact on the Irish Crypto Market

For Irish crypto-asset companies, MiCA implementation presents both a challenge and an opportunity. On the one hand, the need to meet new regulatory standards will require companies to review and adapt their operations. On the other hand, standardising regulation at the EU level creates the conditions for a more transparent and secure crypto-asset market, building investor confidence and fostering innovation.

Conclusion

The implementation of MiCA in Ireland will contribute to the creation of a sustainable and regulated environment for crypto-asset transactions, which will undoubtedly have a positive impact on the local and European markets. It is crucial for companies operating in this field to start preparing for the changes now to ensure timely compliance with the new requirements and standards. In the long term, MiCA regulation will provide opportunities for growth and innovation, strengthening Ireland’s position as an important centre for the crypto industry in Europe.


MiCA regulations in Italy 2024

MiCA regulations in Italy The entry into force of the regulation of crypto-asset markets (MiCA) in Italy marks an important transition to a more structured and transparent approach to the management of cryptocurrencies and related services. As part of the European Union, Italy is preparing to implement this comprehensive regulation, which is designed to ensure investor protection, prevent financial crime and maintain financial market stability.

MiCA Basic Requirements

MiCA introduces a number of key requirements for crypto-asset companies operating in Italy, including:

  • Licensing and Registration: Obtaining a licence to provide crypto-asset related services is mandatory.
  • Anti-Money Laundering (AML) Policies: Strengthening measures to combat money laundering and terrorist financing.
  • Consumer Protection: Providing complete and transparent information about products, services and related risks.
  • Operational Security: Implementing stringent security measures to protect client data and assets.

Timeline for Entry into the Force

MiCA is expected to become effective in Italy after its formal entry into force at the European Union level. This is expected to occur after all approval and publication procedures have been finalised, followed by a period of adaptation for companies. It is important that Italian companies start preparing for compliance with the new requirements in advance.

Impact on the Italian Crypto Market

The implementation of MiCA provides Italy with an opportunity to strengthen its position as one of the leading centres of crypto innovation in Europe. The regulation contributes to a safer and more attractive investment climate, increasing confidence among investors and users of crypto services.

For companies, this means adapting their business models and internal procedures to meet the standards set. This requires the implementation of improved risk management systems, greater transparency in operations and stronger customer protection measures.

Conclusion

The MiCA regulation in Italy opens a new page in the development of the crypto market, challenging companies to adapt to the new environment while offering prospects for development and growth. Preparing for MiCA’s entry into force and actively participating in the formation of a transparent and secure cryptoasset market will allow Italian businesses not only to build trust among consumers, but also to take advantage of the new opportunities offered by the single European regulatory space.

The implementation of MiCA will catalyse the further integration of the crypto-economy into traditional financial systems, fostering innovation and sustainable development of the crypto-industry in Italy and beyond. The challenge for companies and regulators is to ensure a smooth transition to a new regulatory environment that will help the crypto market flourish for the benefit of all participants in the ecosystem.


MiCA regulations in Latvia 2024

MiCA regulations in Latvia The introduction of the regulation of crypto-asset markets (MiCA) represents an important step by the European Union towards creating unified rules for the cryptocurrency industry, including Latvia. This regulation aims to ensure a high level of investor protection, increase market transparency and stability, and prevent money laundering and terrorist financing risks.

Main Aspects of MiCA

MiCA provides for several key points that crypto-asset companies operating in Latvia should pay attention to:

  • Licensing: Companies providing services related to crypto-assets will have to obtain a licence under the new requirements.
  • Anti-money laundering: Introducing strict customer identification and verification requirements to prevent financial crime.
  • Consumer protection: Mandatory provision of full and clear information about the risks associated with investing in crypto-assets.
  • Technical and Operational Standards: Establish security and reliability standards for technology platforms and storage systems.

Timeline for Entry into the Force

MiCA is expected to come into force within a few years after its final approval and publication at the European Union level. Companies in Latvia will be given a transition period to adapt their operations to the new requirements.

Impact on Latvian Crypto Market

For the Latvian cryptoasset market, the implementation of MiCA represents an opportunity to build consumer and investor confidence and to stimulate innovation and growth in the sector. However, it also requires significant efforts from companies to review and adapt their business processes and policies to the new standards.

Conclusion

The implementation of MiCA regulation in Latvia is a key step towards sustainable development of the crypto sector. It provides a transparent and regulated environment that promotes innovation and protects the interests of all market participants. It is important for companies operating in this area to start preparing for the upcoming changes now to ensure timely compliance with the new requirements. This will contribute not only to the growth and development of the crypto industry in Latvia, but also to strengthening its position internationally as an example of successful integration of innovative financial technologies into the national economy.


MiCA regulations in Luxembourg 2024

MiCA regulations in Luxembourg The entry into force of the Markets in Cryptoassets Regulation (MiCA) represents an important step in the European Union’s efforts to create a harmonised approach to regulating the cryptocurrency industry. Luxembourg, as one of Europe’s leading financial centres, is playing a key role in adapting and implementing these regulations.

Main Aspects of MiCA

MiCA introduces uniform licensing, operational and regulatory oversight requirements for companies dealing in crypto-assets in Luxembourg and other EU countries. Key aspects include:

  • Licensing and Registration: Companies providing services related to crypto-assets will be required to obtain a licence from the relevant regulatory authorities.
  • Anti-Money Laundering (AML) Policies: Strengthening measures to combat money laundering and terrorist financing.
  • Investor Protection: Providing detailed and transparent information about the risks associated with investing in crypto-assets.
  • Operational Security: Implement security standards to protect client data and assets.

Timeline for Entry into the Force

MiCA is expected to become applicable in Luxembourg once it is formally enacted at the European Union level. According to the current timetable, the main provisions of MiCA are expected to come into force in the coming years, giving companies time to adapt to the new requirements.

Impact on Luxembourg Crypto Market

The implementation of MiCA is expected to strengthen Luxembourg’s position as a safe and transparent hub for the crypto industry in Europe. This will not only increase investor confidence, but also foster innovation and development of cryptocurrency services in the country.

Conclusion

It is important for companies operating in the crypto sphere to start preparing for MiCA’s entry into force by analysing and adapting their internal policies and procedures to the new requirements. This will not only avoid potential fines and penalties for non-compliance with the regulation, but also build trust with clients and partners and ensure sustainable development in the long term.

The implementation of MiCA represents a significant development for the entire European crypto market, including Luxembourg. It requires careful attention and readiness to change on the part of companies dealing with crypto-assets. At the same time, successful adaptation to the new rules will not only strengthen companies’ position in the market, but also contribute to the development of an innovative and safe environment for trading and investing in crypto-assets.


MiCA regulations in Malta 2024

MiCA regulations in Malta Malta, known for its positive attitude towards innovation in digital technology and cryptocurrencies, is on the cusp of a new era of crypto-asset regulation under the Crypto Asset Markets Regulation (MiCA) proposed by the European Union. MiCA regulation is designed to create a transparent, secure and stable environment for crypto-asset transactions in all EU member states, including Malta.

MiCA Basic Requirements

MiCA establishes uniform EU-wide requirements for the licensing and operations of crypto-asset companies. For the Maltese market, this means:

  • Licensing: Companies dealing in crypto-assets will need to obtain the appropriate licence from Malta’s regulatory authorities.
  • Compliance with AML/CFT Policies: Strengthening measures to combat money laundering and terrorist financing.
  • Consumer Protection: Ensuring transparency and providing full information about the risks associated with crypto-assets.
  • Operational Security: Implement security measures to protect client data and assets.

Timeline for Entry into the Force

MiCA is expected to become effective in Malta once it is formally enacted at the European Union level, which implies a gradual application of the regulation over several years after its final approval.

Impact on the Malta Crypto Market

The introduction of MiCA in Malta represents an important step towards further developing and legitimising the crypto industry on the island. This regulation promises to improve the investment climate, increasing investor and consumer confidence in the crypto market, as well as stimulating innovation and growth in the sector.

Conclusion

For crypto-asset companies operating in Malta, the entry into force of MiCA means the need to adapt to the new standards set by the regulation. This includes reviewing business models, internal policies and procedures, as well as strengthening measures to protect customer data and assets. At the same time, MiCA provides a unique opportunity for Malta to strengthen its reputation as a centre of innovation in cryptocurrency and blockchain technology, attracting new investment and contributing to the development of the country’s technology sector.

It is important that Maltese companies begin to actively prepare for the coming into force of MiCA by analysing the potential impact of the regulation on their operations and developing strategies to comply with the new requirements. Co-operation with regulators, sharing experiences with other market participants and adopting best practices will be key success factors in this process.


MiCA regulations in Netherlands 2024

MiCA regulations in Netherlands The regulation of cryptoasset markets (MICA) in the Netherlands represents a significant step towards strengthening the legal regulation of cryptocurrencies within the European Union. The initiative aims to create a harmonised regulatory framework for cryptoassets, their issuers and cryptoasset-related service providers. The introduction of MICA is a response to the growing need to protect investors and ensure transparency in the market, as well as to combat money laundering and terrorist financing.

Entry into force and basic requirements

The MICA regulation entered into force in June 2023, but full implementation of its provisions will begin after the development and implementation of Tier 2 and Tier 3 measures, which is expected to take between 12 and 18 months from the date of entry into force of the regulation. This means that full implementation of the regulation is expected between late 2024 and mid-2025.

It is important for crypto companies operating in the Netherlands and the rest of the European Union to comply with the following key MICA requirements:

  1. Licensing and approval: All cryptoasset service providers must obtain the appropriate licences and approvals to conduct their business. This applies to both new market entrants and established companies.
  2. Operational transparency: Companies are required to provide full information about their services, including the risks associated with investing in crypto-assets and investor protection measures.
  3. Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT): Strengthening AML and CFT requirements is a key element of MICA. Companies must implement effective systems to detect and prevent suspicious transactions.
  4. Investor protection: The regulation aims to strengthen investor protection by improving the quality of information available to investors and ensuring the integrity, transparency and security of cryptoasset transactions.

Conclusion

The introduction of MICA regulation in the Netherlands and across the European Union is a significant step towards creating a stable, transparent and secure cryptoasset market. Companies operating in this field must carefully prepare for the new requirements to ensure that they operate in compliance with regulatory standards. Successful adaptation to the MICA requirements will not only increase investor and user confidence in the crypto industry, but also facilitate further development and integration of the crypto economy into traditional financial systems.


MiCA regulations in Poland 2024

MiCA regulations in Poland The introduction of MICA (cryptocurrency asset markets) regulation in Poland represents a significant step towards creating a unified legal framework for the cryptocurrency sector within the European Union. This initiative aims to create a harmonised regulatory framework for cryptocurrencies, their issuers and cryptocurrency-related service providers. The introduction of MICA is a response to the growing need to protect investors, ensure transparency in the market and combat unlawful financial transactions such as money laundering and terrorist financing.

Entry into force and basic requirements

The MICA regulation was enacted in June 2023, but full implementation of its provisions will begin after the development and implementation of Levels 2 and 3, which it is estimated could take between 12 and 18 months from the date the regulation comes into force. This means that full implementation of the regulation is expected between late 2024 and mid-2025.

It is important for cryptocurrency companies in Poland to meet the following key MICA requirements:

  1. Licensing and approval: All cryptocurrency-related service providers must obtain the appropriate licences and approvals to operate. This applies to both new market entrants and established companies.
  2. Operational transparency: Companies are required to provide full information about their services, including the risks associated with investing in cryptocurrencies and investor protection measures.
  3. Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT): Strengthening AML and CFT requirements is a key element of MICA. Companies must implement effective systems to detect and prevent suspicious transactions.
  4. Investor protection: The regulation aims to strengthen investor protection by improving the quality of information available to investors and ensuring that cryptocurrency transactions are fair, transparent and secure.

Conclusion

The introduction of MICA regulation in Poland is an important step towards creating a stable, transparent and secure cryptocurrency market. Companies operating in this field should carefully prepare themselves to fulfil the new requirements in order to ensure that they operate in accordance with regulatory standards. Successful adaptation to the MICA requirements will not only increase investor and user confidence in the crypto industry, but also contribute to the further development and integration of the crypto economy into traditional financial systems.


MiCA regulations in Portugal 2024

MiCA regulations in Portugal The Market in Cryptoassets Regulation (MiCA) represents a significant step in the regulation of cryptoassets in the European Union, including Portugal. This regulation aims to harmonise approaches to cryptoassets across the EU by providing a clear set of rules for companies operating in this field.

MiCA came into force on 29 June 2023 and will be fully applicable from 30 December 2024, with some provisions commencing earlier on 30 June 2024. The regulation covers a wide range of cryptoassets, including asset reference tokens (ARTs) and electronic money tokens (EMTs), and introduces specific exemptions and obligations for their issuers and service providers.

Companies that issue ART , the amount of which does not exceed five million euros in a 12-month period and which are exclusively addressed to qualified investors, are exempt from certain regulatory requirements. However, EMT issuers must be authorised either as a credit institution under the Capital Requirements Regulation (CRR) or as an electronic money institution under the Electronic Money Directive (EMD), and there is no alternative authorisation under MiCA.

MiCA introduces harmonised prudential and business conduct standards for cryptoasset service providers (CAS-Providers), defining a wide range of cryptoasset services. These services range from operating cryptoasset trading platforms to providing custody, exchange and advisory services. The regulation requires licensing for the provision of these services with requirements including compliance with reliability criteria, governance standards and prudential safeguards.

Moreover, MiCA’s impact extends to anti-money laundering. Cryptoasset service providers must comply with the EU Anti-Money Laundering Directive (4MLD) by conducting customer due diligence (KYC) checks, performing additional due diligence on customers from high-risk countries and adhering to the EU Travel Rule to ensure cryptoasset transparency.

The regulation also facilitates business growth within the EU by allowing companies authorised in one member state to operate across the EU, a process known as ‘passporting’. This not only helps expand business operations, but also sets a high standard for cryptoasset business both within the EU and globally.

For cryptoasset companies, it is essential to start preparing for MiCA implementation by understanding the new requirements and ensuring compliance. The transition to MiCA compliance involves a detailed understanding of both the new regulation and existing market regulations.

In conclusion, MiCA represents a comprehensive EU effort to regulate the cryptoasset market, aiming to improve market integrity, protect consumers and foster innovation while ensuring financial stability. Companies operating in Portugal and across the EU need to adapt to these changes by ensuring compliance with the new regulatory standards set by MiCA.

MiCA regulations in Romania 2024

MiCA regulations in Romania In the context of a rapidly developing crypto market, Romania, like other European Union countries, is preparing for the introduction of a new regulatory standard, the Market in Cryptoassets Regulation (MiCA), which aims to establish a uniform legal framework for cryptoassets in the EU. In Romania, as across the EU, MiCA will come into force in the coming years, providing a framework to protect investors, ensure market transparency and prevent financial crime.

Key aspects of MiCA for the Romanian market

Entry into force: MiCA is expected to come into force in 2024, after final approval and publication in the official journal of the European Union. This will give companies operating in the cryptosphere time to adapt to the new requirements.

Licensing and authorisation: Under MiCA, all cryptoasset-related service providers will be required to obtain a licence or authorisation to operate in Romania. This includes exchange platforms, cryptocurrency wallets, trading platforms and ICOs.

Anti-Money Laundering (AML) and Know Your Customer (KYC): MiCA is strengthening AML and KYC requirements by requiring firms to conduct thorough due diligence on their customers and monitor transactions for suspicious activity.

Investor protection: The regulation provides for investor protection measures, including transparency and disclosure requirements regarding the risks associated with investments in cryptoassets.

Supervision and oversight: In Romania, as in other EU countries, national regulators are expected to play a key role in overseeing compliance with MiCA. This may include compliance checks, audits and, where necessary, imposing fines for breaches.

Impact on the Romanian market

MiCA provides significant opportunities for the growth and development of the crypto space in Romania, providing legal certainty and encouraging innovation. At the same time, companies will face the challenge of adapting to new regulatory requirements, which will require significant compliance and corporate governance efforts.

To successfully implement MiCA, companies operating in the cryptosphere in Romania will need to carefully review their business models, policies and procedures to comply with the new requirements.

MiCA regulations in Slovakia 2024

MiCA regulations in Slovakia In recent years, cryptocurrencies and related technologies have attracted significant attention from both investors and regulators around the world. Slovakia, striving to be at the forefront of technological progress and financial security, was no exception. As such, it has decided to introduce MICA (Markets in Crypto-Assets) regulations, which are designed to strengthen transparency and security in the cryptocurrency industry. In this article we will look at the key aspects of the introduction of MICA regulations in Slovakia, determine their impact on crypto-business and find out what requirements will be imposed on companies operating in this field.

Entry into force of MICA regulations

MICA regulation is part of a broader European Union strategy to regulate digital assets and is designed to protect investors, ensure financial stability and support innovation. In Slovakia, as in other EU countries, these regulations are expected to be introduced in the coming years. Although there is no specific effective date at the time of writing, it is anticipated that this will happen soon, given the current pace of legislation in the European Union.

Requirements for companies

MICA regulations impose a number of requirements on cryptoasset companies. These requirements include:

  • Licensing and authorisation: Companies offering services related to cryptoassets must be licensed and authorised by the Slovak regulatory authorities.
  • Transparency and disclosure: Organisations are required to provide full and accurate information about their products and services, including the risks associated with investments in cryptoassets.
  • Anti-Money Laundering (AML): Companies must implement strict procedures to prevent their platforms from being used for money laundering and terrorist financing.
  • Investor protection: Regulations aim to protect the rights and interests of investors, including measures to ensure the safety of their assets.

Impact on crypto-business

The introduction of MICA regulation in Slovakia will have a significant impact on the crypto business. On the one hand, it will increase investor and user confidence in the crypto industry, providing a higher level of protection for their interests. On the other hand, companies will face the need to adapt to the new regulatory requirements, which may require significant effort and resources, especially for small and medium-sized enterprises.

Conclusion

The entry into force of the MICA regulations in Slovakia is an important step towards a transparent, secure and innovative crypto space. This requires companies to pay attention to the new regulations and be ready to comply with them. With the right approach, these changes can be the basis for further development and prosperity of the cryptocurrency market in Slovakia and beyond.

MiCA regulations in Slovenia 2024

MiCA regulations in Slovenia In the context of the rapid development of cryptocurrencies and blockchain technologies, Slovenia, like many other countries, faces the need to adapt its legislation to the new realities of the digital economy. In this direction, special attention is being paid to the regulation of cryptoasset markets (MICA), which represents an important part of the pan-European strategy to create a unified and secure digital market. In this article, we will discuss what changes the entry into force of the MICA regulation in Slovenia will bring, when it is expected to come into force and what requirements will be imposed on cryptoasset companies.

Expected entry into force of MICA regulations

The MICA regulation was developed by the European Union to ensure transparency, security and stability of the cryptoasset market. For Slovenian companies operating in this sector, this means the need to adapt to the new regulations. Although the exact date when the regulations will come into force has not yet been determined, it is expected to happen in the coming years. It is important to note that the implementation process may take some time, as it requires comprehensive preparation on the part of both government authorities and businesses.

Requirements for companies

With the introduction of MICA regulations, cryptoasset companies operating in Slovenia will have to fulfil the following basic requirements:

  • Licensing and authorisation: Companies will need to obtain appropriate licences and regulatory approvals to provide cryptoasset-related services.
  • Compliance with AML/CFT principles: Companies are required to implement measures to combat money laundering and terrorist financing, which includes customer identification and transaction monitoring.
  • Consumer protection: There should be clear and transparent disclosure of information about products and services, including potential risks and safeguards.
  • Operational security: Companies must demonstrate a high level of security of their systems and data, including defence against cyber-attacks.

Impact on Slovenian crypto business

The introduction of MICA regulation will have a significant impact on crypto-business in Slovenia. On the one hand, it will increase confidence in the cryptoasset sector and encourage investment by increasing transparency and security. On the other hand, companies will have to adapt to the new requirements, which may require additional efforts and investments in the areas of licensing, security and compliance.

Conclusion

The introduction of MICA regulation in Slovenia is an important step towards creating a mature and secure cryptoasset market. It will not only strengthen Slovenia’s position as one of the centres of the crypto industry in Europe, but will also protect the interests of both companies and investors. It is important that all market participants start preparing for the upcoming changes now to ensure timely and effective compliance with the new rules and requirements.

MiCA regulations in Spain 2024

MiCA regulations in Spain Cryptocurrencies and blockchain technologies have undergone significant changes in recent years, becoming an integral part of the global financial system. Spain, following global trends and seeking innovation, is actively working to implement regulations for the crypto industry within the framework of the MICA (Markets in Crypto-Assets or Crypto-Asset Markets) regulations developed by the European Union. These regulations are designed to standardise the approach to the management and supervision of crypto-assets in EU member states, including Spain. In this article, we will look at the main aspects of the MICA regulations, their impact on the cryptocurrency business in Spain, and the key requirements for companies operating in this sector.

Expected entry into force of MICA regulations

The MICA regulations represent part of the EU’s broad strategy to create harmonised rules for the cryptoasset market, aimed at increasing transparency, security and stability in the sector. These regulations are expected to come into force in Spain once they are finally approved and published at the EU level. Although the exact timeline has not yet been determined, it is expected that the active implementation phase will begin in the coming years.

Requirements for companies operating in the crypto sphere

The MICA regulations introduce a number of key requirements for companies operating in cryptoassets in Spain, including:

  • Licensing and authorisation: Companies providing services related to cryptoassets will have to obtain the appropriate licence from national regulators.
  • Transparency of operations: The need for full transparency regarding cryptoasset services and products, including clear risk communication to customers.
  • Compliance with AML (anti-money laundering) regulations: Introducing strict customer identification and transaction monitoring measures to prevent cryptoassets from being used for illegal purposes.
  • Consumer protection: Establishing measures to protect the rights and interests of investors, including through the establishment of mechanisms for dispute resolution and compensation for losses.

Impact on cryptocurrency business in Spain

The introduction of MICA regulations is expected with great interest from both companies operating in the cryptocurrency industry, as well as from investors and users of cryptoassets. On the one hand, these measures will increase confidence in the cryptocurrency market, enhance its transparency and security, and help attract new investments. On the other hand, companies will have additional obligations to comply with regulatory requirements, which may require significant effort and resources to fulfil.

Conclusion

The regulation of MICA in Spain opens a new page in the development of the cryptocurrency industry, putting it on par with traditional financial institutions in terms of regulation and supervision. This will not only raise the standards of security and transparency in the cryptoasset market, but will also ensure a level playing field for all participants. To successfully adapt to the new environment, companies will need to thoroughly familiarise themselves with MICA’s requirements and develop appropriate strategies to comply with them, which ultimately contributes to the strengthening and development of the cryptocurrency sector in Spain.

MiCA regulations in Sweden 2024

MiCA regulations in Sweden In the context of the rapid development and integration of cryptocurrencies into the global economic system, Sweden has demonstrated its commitment to a balanced and effective regulatory environment. The regulation of cryptoasset markets (MICA) proposed by the European Union represents a significant step towards establishing a transparent and safe environment for dealing with cryptocurrencies and related products. In this article, we look at how and when the MICA regulation will be implemented in Sweden and what requirements will be imposed on cryptoasset companies.

Expected entry into force of MICA regulations in Sweden

The MICA regulation, designed to harmonise approaches to the regulation of cryptoassets across the European Union, aims to ensure a high level of investor protection, market integrity and financial stability. In Sweden, as in other EU member states, these regulations are expected to come into force once they are finally approved and published, which is expected to happen in the coming years. This will give cryptoasset companies ample time to adapt to the new requirements.

Requirements for companies in the cryptoasset sector

With the introduction of the MICA regulations, cryptocurrency companies in Sweden will have to fulfil a number of key requirements:

  • Licensing and registration: All companies offering services related to cryptoassets will have to undergo a licensing and registration procedure with the competent regulatory authorities in Sweden.
  • Compliance with AML/CFT standards: Tightening measures to combat money laundering and terrorist financing, including requirements to identify customers and monitor their transactions.
  • Transparency and Disclosure: The obligation to provide consumers with complete and understandable information about the risks associated with investing in cryptoassets, as well as the company itself.
  • Consumer protection: Introduction of mechanisms for investor protection, including rules on complaints handling and compensation for losses.

Impact on the Swedish cryptoasset market

The implementation of the MICA regulations is expected with a lot of attention from the Swedish crypto business. These changes are aimed not only at increasing investor confidence and protection, but also at creating conditions for sustainable development of the cryptocurrency market. It will be an incentive for companies to improve their operational processes, implement new technological solutions and strengthen their position both domestically and internationally.

Conclusion

The adoption and entry into force of the MICA regulations in Sweden opens a new chapter in the development of the cryptocurrency market, emphasising the importance of transparency, security and responsibility in this dynamic field. For Swedish companies, this presents both a challenge and an opportunity for further growth and innovation, while ensuring a high level of protection and trust from users and investors.

Which countries are not affected by Mica regulation?

In an era where cryptocurrencies are evolving from a niche to a global financial instrument, the regulation of these digital assets is becoming a key factor influencing the development of the industry. The regulation of cryptoasset markets (MICA) in the European Union is one of the most significant steps towards unifying the legal framework for cryptocurrencies in the region. However, it is important to realise that their impact does not cover the entire world, leaving certain jurisdictions, such as the Cayman Islands and Bermuda, out of scope. In this article, we look at how the lack of influence of MICA regulations on these island territories presents unique opportunities for cryptocurrency businesses and investors.

Cayman Islands and Bermuda: Oases for cryptocurrency business

  1. Cayman Islands

The Cayman Islands have long been recognised as a global financial centre, offering a favourable environment for international business and investment. In terms of the cryptocurrency sector, the islands are not subject to European MICA regulations, allowing entrepreneurs to benefit from a flexible and attractive regulatory environment. Local legislation is geared towards supporting innovation and provides a clear framework for cryptoasset transactions.

  1. Bermuda

Bermuda also occupies a unique position in the global financial landscape. Bermuda’s government is focused on creating a favourable ecosystem for blockchain initiatives and cryptocurrency projects. The country has developed its own regulations for cryptocurrencies to ensure transparency and security of transactions involving digital assets, while not being subject to the restrictions imposed by MICA.

Benefits for cryptocurrency businesses

The lack of direct influence of MICA regulations on Cayman and Bermuda creates unique advantages for cryptocurrency companies, including:

  • Regulatory flexibility: Companies can exploit more liberal regulation, allowing them to adapt quickly to changing market demands and innovation.
  • Attractiveness to international investors: The legal clarity and stability in these jurisdictions make them attractive to investors looking for a secure environment to invest in cryptocurrencies.
  • Tax optimisation: Both territories offer favourable tax regimes, which can significantly reduce the overall tax burden on cryptocurrency transactions.

Conclusion

The Cayman Islands and Bermuda represent attractive jurisdictions for cryptocurrency business development, while remaining outside the scope of MICA regulations. Their regulatory frameworks offer flexibility, transparency and tax incentives, making these islands ideal for entrepreneurs and investors looking to maximise the opportunities presented by the global cryptocurrency market. That said, it is important to approach the choice of jurisdiction with an eye on all aspects of operations and the potential risks associated with regulation in different regions.

Conclusion

With the publication of the agreement reached during the trilateral negotiations,  the pan-European regulation of cryptocurrencies is becoming increasingly tangible. Even if MiCA is not yet fully adopted and ESMA and EBA have full authority to develop additional detailed rules, market participants are urged to consider their requirements in detail now. Therefore, companies that are already active in this business, as well as those who want to launch a crypto startup in the EU, are recommended to consider MiCA in their strategic decisions.

For more information and detailed advice, please contact Regulated United Europe (RUE). Our company advises clients on the regulation of crypto markets in Europe, and at the request of our clients can provide support in the registration of crypto companies in the EU and bring them to compliance with the new regulations.

Milana

Milana Scherbakova

LICENSING SERVICES MANAGER

phone1+370 661 75988
email2 [email protected]

FREQUENTLY ASKED QUESTIONS

MiCA (Markets in Crypto-Assets) is a proposed European Union regulatory framework aimed at regulating the crypto-asset market within the EU. This set of rules was designed to ensure investor protection, maintain market integrity, support innovation and promote digital finance in the single market.

Key aspects of MiCA include:

  • Licensing and supervision: Cryptoasset businesses must be licensed and supervised by the relevant regulatory authorities in the EU countries where they operate.
  • Transparency and disclosure: Cryptoasset service providers are required to provide users with clear and complete information about the risks associated with their products and services.
  • Anti-Money Laundering (AML): MiCA introduces strict AML and KYC (Know Your Customer) requirements to prevent cryptoassets from being used for money laundering and terrorist financing.
  • Investor protection: The MiCA provides measures to protect investors, including through rules of conduct and security requirements for holding cryptoassets.
  • Market stability: Includes measures aimed at preventing market abuse and ensuring the stability and transparency of the cryptoasset market.

MiCA is part of the European Union's broader digital finance strategy and is an attempt to create a harmonised regulatory approach to cryptoassets that would facilitate cross-border trade and investment, as well as foster innovation and competition in the single market.

The most common aspect of tokenization for businesses is the issuance of tokens and the technical procedure. The process essentially consists of replacing an object's symbol with a digital one (token) whose movement symbolizes the object's movement. Checks, stocks, bonds, and other traditional securities are all based on the same concept of facilitating exchange through the transfer of documents. A number of regulators have been trying to develop a system of regulations based on the underlying assets in the crypto market, but this has not been successful so far.

Blockchain regulation has been shaken in the last year by polar events: strict mining and turnover restrictions in China, and Bitcoin's recognition as an official payment method in El Salvador. A new regulatory environment for cryptocurrency is being created by the European Union. A draft of the Regulations on Crypto Asset Markets was published by the European Commission in September 2020. Stakeblocoin (ART), e-money tokens (EMT) and utility tokens are not related to financial instruments, so MiCA will provide a comprehensive and consistent regulatory framework.

This act contains many mandatory provisions: it requires the publication of white papers, it does not require the publication of white papers, it protects buyers and sellers of assets, etc. Although it is still being discussed, supplemented, and commented on, the final version of the provision hasn't been finalized yet (February 2023). Since this document outlines the European approach to cryptocurrencies, it should be taken into account, but at this time, two minutes are necessary for consideration.

A general definition of a cryptasset is provided (an electronic expression of value or right that can be transferred and stored using distributed registry technologies or similar technologies) along with a description of the types of crypto assets that will fall under its purview:

  • The issue of ART MiCA is subject to increased requirements: only legal entities established in the EU can issue the issue (two exceptions: the issue amount is not more than EUR 5,000,000 or the offer is sent only to qualified investors), mandatory approval of the issue, other standards of white paper production, the issuer’s obligation to maintain reserves, including through investment of reserve assets only in highly liquid financial instruments with minimal market and credit risk, monthly disclosure.
  • Non-fungible tokens (NFT) are also considered crypto assets under MiCA, but they do not require a white paper and fall under the exception group.

  • Crypto assets themselves or the underlying distributed registry technology;
  • mining process;
  • Each country is currently negotiating and/or developing its own CBDC (Central Bank Digital Currency);
  • Securitization, e-money, and anything regulated (MiFID II, E-Money Directive, etc.) fall under the scope of financial instruments (such as security tokens).

The government has a great deal of control over the financial market and instruments. To ensure financial stability, market participants must be protected. Regulation applies not only to financial instruments classified as securities or derivatives. Whenever a financial instrument's very nature matches its description, this rule will apply. In Howey tests, information attacks, and litigation, these security tokens are most commonly used. It was the ESMA Clarification, which pointed out that crypto-assets may be regulated by MiFID, that prospectuses must be published and that firms must be licensed that marked the Point of Convergence between Financial Regulation and the Crypto Market.

MiCA will be responsible for overseeing the following organizations:

  • The national authorities of the EU Member States in which they are located are generally responsible.
  • The European Banking Authority (EBA) overseas Asset Based Tokens (ART)
  • Both national and EBA E-Money Tokens are accepted.

In the EU, MiCA impacts people engaged in crypto-asset issuance and provision, but outside the EU, those raising funds or providing services to EU clients will be equally affected. The objective of this principle is to protect investors and consumers in the EU.

There are two central subjects for MiCA:

1) The issuer of crypto-assets (issuer of crypto-assets) is a legal entity that offers any type of crypto-assets or seeks to admit such crypto-assets to the trading platform.

2) Provider of services in the sphere of crypto-assets (virtual asset service providers, VASP) – any person whose occupation or business is the provision of one or more crypto assets services to third parties on a professional basis.

The EU does not yet have a unified surveillance regime for the crypto market despite its rapid growth and increasing importance. The rules that EU member states have developed for regulating cryptocurrency markets are very different, even though some have adopted AMLD56. The result is that EU countries do not have a single regulation, no single consumer protection.

As a result, the main goal of MiCA is to establish a single set of rules that govern the regulation of products and services related to crypto assets in the EU. As well as anti-abuse measures, it also addresses consumer protection issues in relation to cryptocurrency asset providers (VASPs).

Throughout the whole process of issuing crypto assets, publically offering them for trading, or offering other services pertaining to crypto assets, MiCA should apply to all individuals, entities, and other companies involved in these activities. All public activities involving crypto assets in the EU are subject to MiCA.

Aside from regulating crypto markets in Europe, MiCA is also responsible for regulating the provision of crypto services. These services are regulated by MiCA according to MiFID definitions:

  • Client-facing storage and management of crypto assets.
  • Control the Crypto Platform.
  • Cryptocurrency exchange for fiat/other cryptocurrency.
  • Ordering virtual assets for clients and executing them.
  • Transferring crypto assets to others.
  • Orders for virtual assets are accepted and transferred by third parties.
  • Managing portfolios for clients.

Virtual asset providers interested in becoming licensed must consider that transitional rules apply to those who already have a license in a member state at the time MiCA becomes effective.

Crypto service providers can continue to provide their services in accordance with their national law within 18 months of MiCA's entry into force if they have done so before. In accordance with article 123 of the MiCA, paragraph 3, crypto service providers may also simplify the registration process in the EU if they are already active suppliers. Briefly summarized.

In addition to registering and obtaining appropriate approval from national authorities, crypto companies will be required to comply with the MiCA Regulation. In many cases, companies based in foreign countries are asking if the MiCA Regulation applies to them.  If they want to offer services to customers in the EU, they must comply with this regime,  establish a physical presence in the EU and obtain permission. Customer-initiated service, also known as reverse requests or passive services, is the only exception.

It follows that the above mentioned registration requirement does not apply to services provided on behalf of clients who are established within the EU or reside there. MiCA's provisions on reverse requests are detailed, which is new compared with MiFID. In light of this, a company located outside the United States can only provide a service if it is specially requested. Additional services are not permitted.

The main regulatory objectives of MiCA (Markets in Crypto-Assets) include the following key areas:

  1. Investor and consumer protection: Ensure a high level of transparency and security for investors and users of cryptoassets, including clear disclosure requirements and measures to combat fraud and market manipulation.
  2. Supporting innovation and stability: Promoting the development and integration of innovative technologies into the financial sector, while ensuring the stability and reliability of the cryptoasset market.
  3. Legalisation of the cryptoasset market: Creation of unified rules for cryptoasset operators and businesses, which contributes to the legalisation and standardisation of the market across the European Union.
  4. Combating money laundering (AML) and terrorist financing (CFT): Establishing strict customer identification (KYC) and transaction monitoring requirements to prevent cryptoassets from being used for money laundering and terrorist financing.
  5. Ensuring regulatory oversight and compliance: Introducing a licensing and supervision system for cryptoasset businesses to ensure compliance with regulations and standards.
  6. Harmonisation of the regulatory framework at EU level: Standardisation of rules and regulations for cryptoassets across all European Union member states, facilitating cross-border activity and strengthening the internal market.
  7. Supporting market transparency and stability: Introduce measures to strengthen the transparency of the cryptoasset market and protect it from volatility and risks associated with a lack of regulation.

MiCA aims to create a balanced and effective regulatory environment that promotes the development and integration of cryptoassets into the European economy, while minimising potential risks to the financial system and society as a whole.

The MiCA (Markets in Crypto-Assets) regulation will affect all European Union (EU) member states as it is designed to apply across the EU. This means that all 27 EU member states will be required to implement and comply with these regulations as part of their national legislation. Here are some of the countries that will be directly affected by the introduction of MiCA:

  • Germany
  • France
  • Italy
  • Spain
  • Poland
  • Netherlands
  • Belgium
  • Sweden
  • Denmark
  • Finland
  • Portugal
  • Austria
  • Hungary
  • Czech Republic
  • Romania
  • Bulgaria
  • Slovakia
  • Croatia
  • Greece
  • Lithuania
  • Latvia
  • Estonia
  • Cyprus
  • Luxembourg
  • Malta
  • Slovenia
  • Ireland

In addition to EU member states, MiCA may also indirectly affect the European Economic Area (EEA), including Norway, Iceland and Liechtenstein, as these countries often incorporate similar EU rules into their legislation to ensure consistency in regulatory standards and close economic integration.

The MiCA regulation represents a significant step towards standardising the legal framework for cryptoassets in the European market, creating a uniform environment for all market participants within the EU and promoting the development of a secure and transparent digital financial sector.

Under MiCA (Markets in Crypto-Assets) regulation, cryptocurrency companies in the European Union will be regulated by a combination of national regulators in member states and, in some aspects, European supervisory institutions. The primary responsibility for the supervision and regulation of cryptoasset companies will lie with the national regulators of the EU member states. These authorities will be responsible for licensing and directly supervising cryptocurrency companies, ensuring compliance with MiCA.

In addition to the national level of regulation, some aspects of regulation may involve European supervisory institutions such as the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA). These bodies can play a role in coordination between national regulators, ensuring a pan-European approach to supervision and regulatory standards for cryptoassets. For example, ESMA may be involved in regulating aspects such as standards for crypto exchanges, custodial services operators and other market participants that require a pan-European approach.

Thus, the regulation of crypto companies under MiCA will be carried out through co-operation between the national regulators of each EU member state and, where necessary, European regulators to ensure uniformity and consistency of regulatory standards across the European Union.

The process of MiCA (Markets in Crypto-Assets) regulation coming into force can be divided into several key stages, each of which plays an important role in integrating the new regulatory framework into the legal system of the European Union and its members. Here are the main stages of this process:

  1. Development and Proposal
  • Initiation: the European Commission develops and submits a proposal to regulate MiCA based on an analysis of the current state of the cryptoasset market and the potential risks to investors and the financial system.

2 Discussion and Approval

  • Trialogue: The proposal is discussed between the three key EU institutions - the European Parliament, the Council of the European Union and the European Commission. Amendments and modifications to the original text may be made during this period.
  • Approval: Once agreement has been reached between these institutions, the proposal is formally approved for entry into force.
  1. Publication
  • Official publication: Once approved, the text of the regulation is published in the Official Journal of the European Union, making it legally binding for all member states.
  1. Transition Period
  • Adaptation: A transition period is provided during which companies and regulators must adapt their procedures and systems to the new requirements. This period may vary, but is necessary to ensure a smooth transition to full compliance with the new rules.
  1. Entering the Force
  • Application: After the end of the transition period, the MiCA regulation officially enters into force and all its provisions become binding in all EU Member States.
  1. Oversight and Application
  • Regulatory oversight: The national regulatory authorities of EU member states, in co-operation with European supervisory institutions, assume responsibility for the supervision and enforcement of MiCA compliance by cryptocurrency companies and services.

This process reflects a common approach to the introduction of new regulatory initiatives into the European Union legal system, ensuring that all changes are thoroughly discussed, legally justified and effectively integrated into the national legislation of member states. Mica is expected to finally enter into force in 2025.

MiCA (Markets in Crypto-Assets Regulation) is the European Union's proposal to regulate crypto-asset markets to support innovation and ensure investor protection, prevent market abuse and ensure financial stability. MiCA introduces rules for different types of cryptoassets and related activities in the European Union.

MiCA classifies cryptoassets into several categories, including:

  1. Electronic money (e-money tokens or EMTs): Crypto-assets designed to be used as a medium of exchange and which provide a digital alternative to fiat currencies. These tokens are strictly linked to the value of one or more currencies and can be used for payments.
  2. Asset-referenced tokens (asset-referenced tokens or ARTs): These are crypto-assets whose value is linked to multiple currencies, commodities, or other crypto-assets. They are designed to minimise fluctuations in value while providing greater stability in their value.
  3. Utility tokens (utility tokens): Cryptoassets that grant digital rights to access a good or service available on a blockchain platform. These tokens are not intended to be used as currency or investments, but as a means of accessing a specific functionality or service.
  4. Cryptoassets that do not fall into the above categories may include various forms of tokens such as management tokens, revenue tokens, security tokens, which represent investment contracts or ownership interests in assets or projects.

MiCA aims to establish a clear legal framework for cryptoasset transactions in the European Union, setting out licensing and operational requirements for cryptoasset market service providers, as well as measures to protect consumers and prevent money laundering.

MiCA (Markets in Crypto-Assets)
regulation introduces a number of requirements for companies issuing asset-backed assets (ARTs) to ensure transparency, security and stability in the crypto-asset industry. Here are the main requirements for issuers of ARTs under MiCA:

  1. Authorisation and supervision: ART issuers must obtain authorisation from the competent national authorities of their EU member states. This includes a detailed description of their business model, management structure, risk management rules and other operational procedures.
  2. Capital requirements: To ensure financial stability and the ability to withstand potential losses, ART issuers need to hold a sufficient level of equity capital. The amount of capital is determined based on the volume and risks associated with the assets being issued.
  3. White Paper: Issuers must prepare and publish a white paper for each ART issued containing all key information about the cryptoasset, including a description of the project, rights associated with the token, risks, terms and conditions and information about the issuer itself. The white paper must be approved by regulators prior to any transactions.
  4. Actions in the event of default: ART issuers are required to develop a clear plan of action in the event of their default to token holders, including procedures for token recovery or exchange.
  5. Asset safeguarding: Issuers should ensure that the assets underlying ART are securely stored and protected to minimise the risks of loss or fraud.
  6. Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) Regulations: Companies issuing ARTs must comply with anti-money laundering and counter-terrorist financing requirements, including identification and verification of their customers.
  7. Transparency and reporting: Issuers are required to ensure transparency in relation to ART transactions and provide regular reports on their activities, financial condition and risks.

These requirements are designed to protect investors, maintain market integrity, and promote innovation in cryptoassets within a legally defined and secure environment.

MiCA (Markets in Crypto-Assets Regulation) sets out specific requirements for crypto-asset market service providers (CASPs, Crypto-Asset Service Providers) to ensure consumer protection, market integrity and the prevention of financial crime. Here are the main requirements for CAS providers under MiCA:

  1. Authorisation and licensing: Service providers must obtain authorisation from the competent national regulatory authorities in the European Union countries where they intend to provide their services. This requires providing detailed information about their business, including management structure, business plans and anti-money laundering measures.
  2. Capital requirements: CAS providers must meet certain capital requirements to ensure that they can cover operational risks and ensure the sustainability of their business.
  3. AML/CFT compliance: Service providers are required to implement AML/CFT measures, including identifying and verifying their customers, monitoring transactions and reporting suspicious activity.
  4. Storage requirements: CAS providers must provide secure storage for customers' cryptoassets, minimising the risks of asset loss or theft.
  5. Rules for handling grievances: An effective customer grievance procedure should be established to ensure that potential disputes are resolved quickly and fairly.
  6. Transparency and reporting: Service providers are required to provide clients with clear information about the risks associated with cryptoassets, terms of service and any applicable fees or charges.
  7. Risk Management Policies and Procedures: CAS providers must establish and maintain effective risk management policies and procedures to identify, assess and minimise the risks of their activities.

These requirements are aimed at creating a safe and transparent operating environment for service providers in the cryptoasset market, ensuring a high level of investor protection and preventing the use of cryptoassets for illegal purposes.

MiCA (Markets in Crypto-Assets Regulation) is a comprehensive regulatory framework of the European Union designed to regulate the crypto-asset market. However, despite its broad scope, there are certain types of crypto-assets that do not fall under its regulation. These cryptoassets typically include:

  1. Decentralised Finance (DeFi): While MiCA aims to regulate a wide range of cryptocurrency market assets and activities, some aspects of decentralised finance may remain outside of its regulation, particularly if they are not linked to centralised service providers or issuers.
  2. Certain types of utility tokens: Utility tokens, which provide access to a specific product or service and are not used for investment purposes, may not be subject to certain MiCA requirements if they do not affect financial stability or pose a significant risk to consumers.
  3. NFTs (non-replaceable tokens): Depending on how NFTs are categorised and used, some NFTs may not fall under MiCA This is particularly the case for NFTs that are digital versions of physical assets or unique digital works of art that are not used as financial instruments.
  4. Cryptocurrencies such as Bitcoin and Ethereum: Although MiCA regulates providers of exchange services between cryptocurrencies and fiat currencies, as well as custodial services, Bitcoin itself, Ethereum and similar decentralised cryptocurrencies are not inherently regulated as separate assets. However, service providers related to these cryptocurrencies are subject to regulation.
  5. Other specific categories of assets and activities: Some specialised or innovative activities and assets that are not yet fully defined or recognised at the time MiCA comes into force may also be outside its current scope.

MiCA represents a significant step towards establishing legal clarity and consumer protection in the cryptoasset market in the EU. However, technological development and innovation in cryptocurrencies will continue to give rise to new types of assets and activities that may require further consideration and regulation in the future.

Under the European Union's MiCA (Markets in Crypto-Assets)
regulation, the process of qualifying crypto-assets as financial instruments involves determining whether these assets fall within the existing definitions of financial instruments set out in other EU regulations, such as the Markets in Financial Instruments Directive (MiFID II). Here are the highlights of the qualification process:

  1. Comparison with MiFID II definitions: To determine whether a cryptoasset is a financial instrument, it is necessary to compare its characteristics with the definitions of financial instruments set out in MiFID II. This includes shares, bonds, units of participation in investment funds, derivatives and other categories.
  2. Rights and obligations analysis: A key element is to analyse the rights and obligations that a cryptoasset provides to its holders. If an asset confers rights similar to those conferred by traditional financial instruments (e.g. the right to share in a company's profits, the right to interest, voting rights or the right to receive a fixed income), it may be classified as a financial instrument.
  3. Checking for an investment component: If a cryptoasset is acquired for investment purposes and is expected to generate income in the future, this may also contribute to its qualification as a financial instrument.
  4. Exceptions and specific cases: Some cryptoassets that may perform specific functions or have unique characteristics may not qualify as financial instruments even after analysing the above criteria. In such cases, additional analysis may be required to determine their status.
  5. Regulatory advice: In case of ambiguities or points of contention, cryptoasset issuers or service providers can seek advice from national regulators or the European Securities and Markets Authority (ESMA) to seek clarification on the qualification of a particular asset.

Importantly, MiCA provides a framework for the regulation of cryptoassets that are not financial instruments under MiFID II, aimed at filling gaps in existing regulation and ensuring investor protection, market transparency and the prevention of market abuse.

The MiCA (Markets in Crypto-Assets) regulation proposed by the European Union includes a number of measures aimed at protecting crypto-asset investors. These measures cover a wide range of aspects, from market transparency and integrity to the direct protection of the rights and interests of market participants. Here are the key areas of investor protection under MiCA:

  1. Transparency requirements: Issuers of cryptoassets are required to publish white papers with detailed information about their projects, including a description of the risks, business model, legal structure, and rights and obligations of token holders. This ensures that investors have access to the necessary information to make informed investment decisions.
  2. Licensing and supervision: Cryptoasset service providers (CASPs) must be licensed and subject to supervision by national regulators. This ensures that transactions are conducted in compliance with legislation aimed at investor protection and fraud prevention.
  3. Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) Measures: CASPs must implement customer due diligence and transaction monitoring procedures to counter money laundering and terrorist financing, which contributes to a safer and more transparent environment for investors.
  4. Rules for Stablecoins: Stablecoins, including asset-backed assets (ARTs) and e-money tokens, have additional capital, reserve and transaction requirements. This is aimed at ensuring their stability and protecting token holders from losses.
  5. Rules for operations and risk management: CASPs must comply with strict requirements for risk management, handling customer complaints and protecting customer assets, which helps to reduce risks to investors.
  6. Transparency and Reporting: Transparency and reporting requirements are in place for all cryptoasset market participants, allowing investors to receive up-to-date and reliable information on market conditions, transactions and the status of their investments.
  7. Protection against market manipulation and unfair trading: Measures have been introduced to prevent market manipulation and other forms of unfair trading, which aims to create a fair and equitable trading environment for all participants.

MiCA provides a framework for investor protection in the cryptoasset market, ensuring a high level of transparency, safety and security for market participants. This fosters trust in digital assets and promotes their sustainable development within a regulated market.

 



RUE customer support team

Milana
Milana

“Hi, if you are looking to start your project, or you still have some concerns, you can definitely reach out to me for comprehensive assistance. Contact me and let’s start your business venture.”

Sheyla

“Hello, I’m Sheyla, ready to help with your business ventures in Europe and beyond. Whether in international markets or exploring opportunities abroad, I offer guidance and support. Feel free to contact me!”

Sheyla
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Diana

“Hello, my name is Diana and I specialise in assisting clients in many questions. Contact me and I will be able to provide you efficient support in your request.”

Polina

“Hello, my name is Polina. I will be happy to provide you with the necessary information to launch your project in the chosen jurisdiction – contact me for more information!”

Polina

CONTACT US

At the moment, the main services of our company are legal and compliance solutions for FinTech projects. Our offices are located in Vilnius, Prague, and Warsaw. The legal team can assist with legal analysis, project structuring, and legal regulation.

Company in Lithuania UAB

Registration number: 304377400
Anno: 30.08.2016
Phone: +370 661 75988
Email: [email protected]
Address: Lvovo g. 25 – 702, 7th floor, Vilnius,
09320, Lithuania

Company in Poland Sp. z o.o

Registration number: 38421992700000
Anno: 28.08.2019
Phone: +48 50 633 5087
Email: [email protected]
Address: Twarda 18, 15th floor, Warsaw, 00-824, Poland

Regulated United Europe OÜ

Registration number: 14153440–
Anno: 16.11.2016
Phone: +372 56 966 260
Email:  [email protected]
Address: Laeva 2, Tallinn, 10111, Estonia

Company in Czech Republic s.r.o.

Registration number: 08620563
Anno: 21.10.2019
Phone: +420 775 524 175
Email:  [email protected]
Address: Na Perštýně 342/1, Staré Město, 110 00 Prague

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