EU Approves MiCA Legislation, Which is Bullish For Crypto Industry

June 28, 2023

Darko Simunovski content is written in English. Translations into other languages are automated and there may be minor text errors.

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The Markets in Crypto-Assets (MiCA) legislation has achieved a significant milestone in its journey towards becoming official European Union law. The Economic and Financial Affairs Council of the European Union approved the bill after amendments and additions were made during the voting process. The European Union signed the Markets in Crypto-Assets (MiCA) regulations into law on May 31, making way for the landmark regulatory guidance on crypto assets and service providers to come into effect. The bill encompasses various aspects related to the regulation of crypto-assets, including cryptocurrencies, digital assets, stablecoins, and utility tokens. Its primary objective is to provide clear and standardized guidelines for the use and trade of these assets across European countries.

The legislation addresses the requirements for registration and operation for crypto exchanges, wallet services, and issuers of cryptocurrencies. It also lays out specific guidelines for stablecoin issuers, focusing on risk management and security protocols. To become official EU law, MiCA must be published in the ‘Official Journal of the European Union.’ Once this step is completed, the regulation will be implemented as legal infrastructure, which is expected to happen sometime in June next year. The cryptocurrency industry will have positive impact of MiCA, as it is likely to create a standardized and streamlined regulatory framework, reducing obstacles for businesses operating in the region. With dynamic regulation and fewer complexities, companies and individuals working in the crypto space can expect a more conducive environment for their operations within the European Union.

The Markets in Crypto-Assets (MiCA) legislation has reached a significant milestone, as it was officially published in the Official Journal of the European Union (OJEU) on June 9. With its publication, a countdown has begun for the law to come into effect, and crypto businesses now have specific timelines to implement and comply with MiCA’s requirements. MiCA provides a clear and comprehensive definition of crypto assets, describing them as “a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology.” The legislation also offers guidance on what qualifies as “cryptocurrencies” and how certain digital assets are classified as “tokens.” The regulation sets standards for crypto asset service providers (CASPs) and cryptocurrency asset issuers, which are obligated to adhere to standards governing disclosure and openness, ensuring they provide complete and transparent information about the crypto assets they issue. CASPs are required to implement robust security measures and comply with Anti-Money Laundering (AML) regulations.

MiCA establishes CASPs as separate legal entities, allowing them to obtain licenses in any of the 27 EU members and conduct business there. These service providers will be supervised by regulators such as the European Banking Authority, ensuring compliance with market manipulation and abuse prevention measures. For stablecoin service providers, there are specific requirements. They must provide a white paper containing key details about the product and the parties involved in the business. The white paper should include information about the public offer terms, blockchain verification mechanisms used, associated rights with the relevant crypto assets, the main risks for investors, and a summary to aid potential buyers in making informed investment decisions.

It’s worth noting that MiCA will not govern digital assets that qualify as transferable securities and behave like shares or equivalents. Additionally, the legislation does not cover non-fungible tokens (NFTs) or crypto assets that are already recognized as financial instruments under existing law. Furthermore, MiCA does not regulate central bank-issued digital assets, including the European Central Bank’s digital currency, digital assets issued by national central banks, or services linked to crypto assets provided by these institutions. With the clear guidelines provided by MiCA, the European cryptocurrency industry is expected to have a more standardized and regulated environment, fostering growth and investor confidence. The implementation of the regulation will occur in stages, with stablecoin rules coming into effect on June 30, 2024, and rules for exchanges taking effect on December 30, 2024.

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