ESMA MiCA Compliance by CASPs

Published on: Jan 22, 2025

On Jan. 17, ESMA issued public statement on crypto-asset services.

  • EU ESMA issued statement on the provision of certain crypto-asset services in relation to non-MiCA compliant asset-referenced tokens (ARTs) and e-money tokens (EMTs).
  • On same day, EBA, ESMA issued MiCA FAQ on scope of public offering, see #240819.
  • Follows EBA Jul. 2024 issued statements/priorities on MiCA application, see #218551.
  • Statement
  • Provides guidance on how and under which timeline crypto-asset service providers (CASPs) are expected to comply with the requirements of titles III and IV of MiCA.
  • ESMA aims to facilitate coordinated action at national level, avoid potential disruptions.
  • Q&A
  • EU CMSN also delivered a Q&A, providing guidance on the obligations contained in titles III and IV of MiCA and how these obligations should apply to CASPs.
  • Q&A clarifies that certain crypto-asset services may constitute an offer to the public or admission to trading in EU and should therefore comply with titles III and IV of MiCA.
  • ESMA welcomes this guidance, which provides clarity around titles III/IV application.
  • It is important that national competent authorities guide CASPs through this process.
  • Ensuring actions are taken consistently throughout EU, carried out in orderly fashion.
  • Effectiveness
  • National competent authorities are expected to ensure compliance by CASPs re non-compliant ARTs or EMTs as soon as possible, and no later than the end of Q1/2025.
Regulators
EU ESMA
Entity Types
B/D; Bank; IA; Inv Co; MSB
Reference
ESMA75-223375936-6099, PR, 1/17/2025; MiCA Reg 2023/1114; ESMA_QA_2404;
Functions
Compliance; Financial; Legal; Operations; Registration/Licensing; Reporting; Risk; Technology; Trade Reporting; Treasury
Countries
European Union
Category
State
N/A
Products
Banking; Cryptocurrency; Custody; Fund Mgt; Issuance/IPO; Payments; Securities
Rule Type
Final
Regions
EMEA
Rule Date
Jan 17, 2025
Effective Date
Mar 31, 2025
Rule ID
240953
Linked to
Reg. Last Update
Jan 17, 2025
Report Section
EU