EU Financial Regulatory Q&A Database

Crypto-Asset lending services under MiCA

MiCA

Perimeter of advice under MiCA compared to MiFID II

MiCA

Authorised CASP for providing custody and administration or transfer services for crypto-assets in relation to other crypto-assets being issued after the offer to the public

MiCA · Art. Article 4, Paragraph 5

Exemption from white paper requirements when offering a crypto-asset other than an ART or EMT

MiCA

Machine-readable (XBRL) format requirement for modified white papers

MiCA

Overlap between offers of crypto-assets and placing

MiCA · Art. Article 3(1)(22) of MiCA

Payouts in fiat currency by CASPs in the context of exchange services

MiCA · Art. Article 75 of MiCA

Application of Title II requirements to CASPs operating a trading platform for crypto-assets

MiCA · Art. Article 5(2) of MiCA

Interests earned from client funds deposited at credit institutions

MiCA

Calculation of fixed overheads

MiCA · Art. Article 67 / Paragraph 3

Clarification on Withdrawal Requirements under Article 75 of MiCA for CASPs

MiCA · Art. Article 75 MiCA

Scope of the term “trading platform for crypto-assets” in Article 78(5) of MiCA (executing client orders outside of a trading platform)

MiCA · Art. Article 78(5)

Offerors and CASPs’ responsibilities with regards to white papers for Title II tokens admitted to trading prior to 30 December 2024

MiCA · Art. 143(2)

How to distinguish between different execution services

MiCA · Art. Article 3

Pre-funding clients’ orders with clients’ crypto-assets

MiCA

Staking on own account

MiCA

Shared order book model

MiCA

Commingling clients’ crypto-assets with crypto-assets from other entities of the group when acting as custodian

MiCA · Art. Article 75(7)

Custody agreements in the exercise of rights attached to crypto-assets

MiCA · Art. Article 75.4 MiCA

Proprietary trading under MICA

MiCA

Autotrading

MiCA

Registered AIFM and MICA

MiCA · Art. article 60 paragraph 5 MICA

Scope of public offering

MiCA

Possibility of natural persons and trusts / trustees to be authorised as CASPs

MiCA

Audit / certification of CASP financial statements

MiCA

Minimum capital requirements for CASPs

MiCA

Applicability of DORA and TFR Requirements to VASPs Not Classified as CASPs Under MiCAR

MiCA · Art. Applicability of DORA and TFR Requirements to VASPs Not Classified as CASPs Under MiCAR

Status of entities providing crypto-asset services as part of the grandfathering regime

MiCA

Tied agents under MiCA

MiCA

CASPs providing services based on an Article 60 notification

MiCA · Art. Article 60

Entities not authorised as CASPs by the end of the transition period

MiCA · Art. 143(3)

Entities who have not applied for, or whose application for authorisation as CASPs has been refused by the end of the transition period

MiCA

Crypto-asset transfers as component of another crypto-asset service or as a separate crypto-asset transfer service

MiCA · Art. Article 3(1), point (26), Article 82(2)

Grandfathering clause and applicable AML laws

MiCA · Art. Article 143(3)

Interaction between Article 60 notifications and the CASP transitional phase

MiCA · Art. Articles 60 and 143

Treatment of staking services in MiCA

MiCA

Simplified authorisation procedures

MiCA · Art. Article 143(6)

Publication of information by CASPs providing the service of exchange of crypto-assets for funds or other crypto-assets

MiCA · Art. Article 77

New CASPs established before (and after) 30 December 2024

MiCA · Art. Article 143

Notifications under Article 60 MiCA

MiCA · Art. Article 60

Provision of crypto-asset services by credit institutions

MiCA · Art. Article 60

Prohibition of monetary and non-monetary benefits under MiCA

MiCA · Art. Article 80

Passporting rights for entities benefiting from grandfathering

MiCA · Art. Article 143

Crypto-asset services of a DLT MI

MiCA · Art. Articles 2 and 143 of MICA