> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/eu-level/q-and-a/esma-qa-2068-grandfathering-aml-registration.md).

# AML CASPs: grandfathering

|                 |                                                                                                     |
| --------------- | --------------------------------------------------------------------------------------------------- |
| **Authority**   | ESMA                                                                                                |
| **Q\&A ID**     | ESMA\_QA\_2068                                                                                      |
| **Status**      | Answer Published                                                                                    |
| **Published**   | 20 June 2024                                                                                        |
| **Legal basis** | [Article 143(3)](/mica/title-ix-transitional-and-final-provisions-art.-140-149/article-143.md) MiCA |
| **Source**      | [ESMA Q\&A](https://www.esma.europa.eu/publications-data/questions-answers/2068)                    |

### Question

Can entities providing [crypto-asset](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/mica/crypto-asset.md) services registered under national arrangements that transpose the AML/CFT framework into national law benefit from the grandfathering clause set out under [Article 143](/mica/title-ix-transitional-and-final-provisions-art.-140-149/article-143.md)(3) MiCA?

***

### Answer

Answer provided by the European Commission

Yes, entities that provided crypto asset services in accordance with applicable law before 30 December 2024 may benefit from the grandfathering clause to continue providing those services in the Member State in which they are registered until they are granted or refused authorisation pursuant to [Article 63](/mica/title-v-authorisation-and-operating-conditions-for-crypto-asset-service-providers-art.-59-85/chapter-1/article-63.md) MiCA.

[Article 143(3)](/mica/title-ix-transitional-and-final-provisions-art.-140-149/article-143.md) MiCA refers to [crypto-asset service](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/mica/crypto-asset-service.md) providers that provided their services “in accordance with applicable law” before 30 December 2024. Therefore, any national arrangements put in place for the provision of crypto-asset services before entry into application of MiCA, should be 7 covered.

The entities authorised under national law before 30 December 2024 do not benefit from a passporting regime under MiCA but can provide [crypto-asset](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/mica/crypto-asset.md) services within the jurisdiction they are registered in.

Disclaimer:

The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.

***

**Source:** [ESMA original document](https://www.esma.europa.eu/publications-data/questions-answers/2068)

### Related

* [crypto-asset service](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/mica/crypto-asset-service.md) — defined term used on this page
* [crypto-asset](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/mica/crypto-asset.md) — defined term used on this page
* [crypto-asset](https://github.com/jakesenfti/micawtf/blob/main/spaces/definitions/tofr/crypto-asset.md) — defined term used on this page


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