Q&As

Q&As whose primary legal basis or mandate belongs to MiCA.

Contents

• Pending Q&As
• EMT issuers: AML/KYC obligations
• EMT exchange: crypto or funds?
• White paper obligation for Article 16(2) exempt ART issuers
• Passporting procedure for non-CI ART issuers
• CI/EMI passporting for ART/EMT
• Lightning Network: TFR/Travel Rule scope for CASPs
• ART/EMT: scope of public offering
• Crypto-asset services of a DLT MI
• Staking-as-a-service coverage
• AML CASPs: grandfathering
• Art. 60 transitional provision
• AML CASPs: simplified authorisation
• Transfer: standalone or ancillary
• New CASPs established before (and after) 30 December 2024
• Passporting rights for entities benefiting from grandfathering
• Prohibition of monetary and non-monetary benefits under MiCA
• Tied agents: notification
• Notifications under Article 60 MiCA
• CASPs providing services based on an Article 60 notification
• Tied agents under MiCA
• Publication information for exchange CASPs
• Entities not authorised as CASPs by the end of the transition period
• Entities without CASP authorisation at transition end
• Custody agreements in the exercise of rights attached to crypto-assets
• Proprietary trading by CASPs
• Grandfathered entities' CASP status
• Clarification on Withdrawal Requirements under Article 75 of MiCA for CASPs
• Natural persons/trusts as CASPs
• Minimum capital requirements for CASPs
• Audit / certification of CASP financial statements
• Calculation of fixed overheads
• DORA and ToFR for transitional VASPs
• Registered AIFMs: MiCA auth
• Services for non-compliant ARTs/EMTs
• Auto/copy trading scope
• Interests earned from client funds deposited at credit institutions
• Payouts in fiat currency by CASPs in the context of exchange services
• Overlap between offers of crypto-assets and placing
• Title II requirements for trading-platform admissions
• Commingling client assets
• Shared order book model
• Staking on own account
• Pre-funding clients’ orders with clients’ crypto-assets
• Exchange vs execution services
• Title II tokens: white paper
• White-paper exemption and non-EU or DEX trading
• Article 78(5) trading-platform scope
• CASP group structure: holding company
• Modified white papers: XBRL format