A clear, concise overview of MiCA's detailed requirements for CASPs

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April 23, 2024

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Crypto-asset service providers regulated under MiCA need to prepare to comply with standards and guidelines from ESMA.

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The European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) have been tasked with developing standards and guidelines that are intended to set out how the European Union’s Markets in Crypto-assets Regulation (MiCA)'s requirements should be applied and complied with. Once final, these measures will contain detailed obligations for crypto-asset service providers (CASPs), crypto-asset issuers and issuers of asset-referenced tokens (ARTs) and electronic money tokens (EMTs).

This report provides a clear, concise overview of standards that will solely apply to CASPs in:

  • five standards in ESMA's first consultation package, four of which have been published in their final form, and
  • five standards in ESMA's second consultation package.

Although this report does not cover ESMA’s third consultation package, guidelines on reverse solicitation of crypto-asset services by third-country firms and the qualification of crypto-assets as financial instruments have been covered in detail in separate publications. A concise overview of the third consultation package will be covered in a future iteration of this report. As the European Supervisory Authorities (ESAs) continue to finalise MiCA’s standards and guidelines, this report will be updated accordingly to note any differences between the proposed and final measures.

The clock is ticking for CASPs operating in or looking to access the EU market to get MiCA compliant. As of 30 December 2024, CASPs that are not already registered or licensed in an EU Member State will not be permitted to operate until they obtain a MiCA authorisation. After the 30 December deadline, those CASPs regulated within an EU jurisdiction may benefit from a transitional period of up to 18 months, depending on the rules set in their respective country.

To access an overview of ESMA and the EBA's standards and guidelines, visit XReg’s MiCA Standards and Guidelines Tracker.

Meet the Authors

Ernest Lima

Partner

Ernest Lima

Ernest is one of the founding Partners at XReg Consulting and a qualified lawyer with over 18 years of experience working in financial services regulation. As XReg’s legal and regulatory policy lead, he is highly experienced in the design, development and implementation of crypto legislative frameworks that meet both global and local policy objectives.

At XReg, Ernest leverages in-house expertise on Europe’s Markets in Crypto-assets (MiCA) Regulation to advise clients in Europe or those looking to enter the European market. He also leads engagement with European public sector officials and National Competent Authorities in their transition to MiCA compliance.

Ernest has also spoken at industry conferences and trained international regulatory authorities on Europe’s MiCA regulation and how it will shape the future of crypto’s international regulatory landscape. He also sits on the Financial Markets Law Committee to address issues arising from the use of cryptoassets and DLT.

Prior to XReg, he was the Head of Policy at the Gibraltar Financial Services Commission, where was instrumental in the design and implementation of the Distributed Ledger Technology regime. He also led and managed the Legislative Reform Program, the single largest financial services legislation reform in the jurisdiction, and worked to transpose several EU Directives into Gibraltar law.

Ana James

Head of Advisory & Regulatory Affairs

Ana James

Ana is Head of Advisory & Regulatory Affairs, where she delivers comprehensive advisory services to both public and private sector clients. Her expertise includes regulatory authorisations, remediation, development of tailored regulatory frameworks, risk assessments, training and implementing systems to mitigate risks and ensure compliance.

Since joining XReg in 2019, Ana has advised national governments on crypto-asset risk assessments, supported regulatory authorities in drafting rules and guidance and contributed to global associations’ responses to EU crypto-asset legislation. Her thought leadership extends to XReg’s content marketing efforts, where she has authored reports and articles and hosted webinars on the latest developments in the crypto-asset sector.

Ana began her career at the Gibraltar Financial Services Commission (GFSC), serving in the Authorisations and International and Government Affairs teams. As International Policy Advisor, she liaised with regulators and public sector entities, enhancing GFSC's role in global forums. Ana holds the Chartered Insurance Institute’s core qualification (CII) and a Global Certificate in Securities Markets Regulation from IOSCO/PIFS-Harvard Law School.

David Mazzucchi

Head of Policy

David Mazzucchi

As Head of Policy for XReg Consulting, David leads on client engagements for licensing and registration applications, independent audits and assists in the development of risk management frameworks. He also plays a pivotal role in the onboarding of prospective clients. While at XReg, he has worked with regulatory authorities to draft virtual asset rules and guidance and other public sector bodies to draft legislation. He also made a significant contribution to Crypto UK’s working group on virtual asset financial promotions.

David began his career at the Guernsey Financial Services Commission where he was responsible for the ongoing supervision and risk assessment of a portfolio of banks and insurance companies. He later joined the Commission’s Enforcement team, where he undertook investigations into potential regulatory breaches by licensed financial services companies and individuals. During his time at the Commission, David also worked with the Intelligence team, identifying and preventing fraudulent financial conduct.

Following his time at the GFSC, David joined EY Gibraltar as a Senior Consultant where he undertook a range of client consultancy work including internal audits and AML risk assessments, the development of policies and controls, and assistance with regulatory compliance. Whilst at EY, David completed a number of secondments to financial services firms and public sector bodies in Gibraltar.

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