# Article 2

## Scope

1. This Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to trading of crypto-assets or that provide services related to crypto-assets in the Union.
2. This Regulation does not apply to:
   1. persons who provide crypto-asset services exclusively for their parent companies, for their own subsidiaries or for other subsidiaries of their parent companies;
   2. a liquidator or an administrator acting in the course of an insolvency procedure, except for the purposes of [Article 47](https://www.mica.wtf/mica/title-iii-asset-referenced-tokens-art.-16-47/chapter-6/article-47);
   3. the ECB, central banks of the Member States when acting in their capacity as monetary authorities, or other public authorities of the Member States;
   4. the European Investment Bank and its subsidiaries;
   5. the European Financial Stability Facility and the European Stability Mechanism;
   6. public international organisations.
3. This Regulation does not apply to crypto-assets that are unique and not fungible with other crypto-assets.
4. This Regulation does not apply to crypto-assets that qualify as one or more of the following:
   1. financial instruments;
   2. deposits, including structured deposits;
   3. funds, except if they qualify as e-money tokens;
   4. securitisation positions in the context of a securitisation as defined in Article 2, point (1), of [Regulation (EU) 2017/2402](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02017R2402-20210409);
   5. non-life or life insurance products falling within the classes of insurance listed in Annexes I and II to [Directive 2009/138/EC](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20250117) of the European Parliament and of the Council or reinsurance and retrocession contracts referred to in that Directive;
   6. pension products that, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement and that entitle the investor to certain benefits;
   7. officially recognised occupational pension schemes falling within the scope of [Directive (EU) 2016/2341](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02016L2341-20250117) of the European Parliament and of the Council or [Directive 2009/138/EC](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20250117);
   8. individual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider;
   9. a pan-European Personal Pension Product as defined in Article 2, point (2), of [Regulation (EU) 2019/1238](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R1238-20240109) of the European Parliament and of the Council;
   10. social security schemes covered by [Regulations (EC) No 883/2004](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02004R0883-20190731) and [(EC) No 987/2009](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009R0987-20180101) of the European Parliament and of the Council.
5. By 30 December 2024, ESMA shall, for the purposes of paragraph 4, point (a), of this Article issue [guidelines](https://www.mica.wtf/standards-and-guidelines/esma/final-report-on-the-guidelines-on-the-conditions-and-criteria-for-the-qualification-of-crypto-assets) in accordance with Article 16 of [Regulation (EU) No 1095/2010](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010R1095-20241230) on the conditions and criteria for the qualification of crypto-assets as financial instruments.
6. This Regulation shall be without prejudice to [Regulation (EU) No 1024/2013](https://eur-lex.europa.eu/eli/reg/2013/1024/oj/eng).