MICA (Markets in Crypto-Assets) is expected to have an impact on crypto-to-crypto exchanges. The regulation aims to address disparities among Member States and to provide legal certainty for crypto-assets not currently covered by EU financial services legislation .
MICA may also expose consumers and investors to substantial risks due to the absence of rules at the EU level . Moreover, MICA might make it challenging for DLT-based financial market infrastructures such as trading venues, central clearing counterparties (CCPs), and central securities depositaries (CSDs) based on decentralised exchanges and permissionless DLT networks .
Overall, MICA is expected to bring regulatory changes that
may affect crypto-to-crypto exchanges, but it could also pave the way for more clarity and legal certainty in the crypto-asset market .
MiCA: The Crypto Regulation Framework
MiCA, the groundbreaking legislation set to revolutionize the cryptocurrency landscape, is expected to undergo a formal vote by the EU Parliament and be published in the first half of
2023, with provisions coming into force before the end of 2024. The legislation aims to replace current national regulatory frameworks concerning crypto assets, with a particular focus on
Comprising 126 articles, MiCA predominantly addresses the offering and marketing of crypto-assets, asset-referenced tokens, e-money tokens, authorization and operating conditions for crypto-service providers, market abuse prevention measures, and the roles of European authorities in crypto-asset oversight. The legislation establishes a comprehensive set of requirements for offering and marketing most crypto-assets, as well as Crypto Asset Service
These requirements are intended to promote transparency, minimize market contagion potential, and reduce risks for users. Further, stablecoin issuers will be subject to strict reserve and disclosure requirements.
MiCA offers a clear definition of crypto-assets and distinguishes them from asset-referenced tokens, e-money tokens, and utility tokens.
It seeks to create an inclusive and harmonized framework at the EU level, specifying rules for cryptocurrencies, related activities, and services, and clarifying the applicable legal framework.
The harmonised framework supports innovation, fair competition, and consumer protection while ensuring market integrity in cryptocurrency markets. This framework facilitates cross-border
scaling for service providers, increasing market accessibility and entry opportunities, and fosters equal treatment for both issuers and crypto-asset service providers.
However, MiCA does not cover everything. It has excluded non fungible tokens (NFTs), as they fall outside the scope of the legislation, though the EU Commission will carry out a global
assessment of the NFTs regulatory framework to address potential emerging risks.
There has been some debate in the European Parliament regarding MiCA's potential prohibition of the proof-of-work mechanism, an energy-intensive method for validating transactions on
blockchain networks like Bitcoin.
Concerns arose due to the high energy consumption and contribution to climate change. A compromise has been reached, which entails that proof-of-work will not be banned, but cryptocurrency market participants must disclose their approach to environmental and climate issues.
In conclusion, MiCA signifies the first attempt by a leading global jurisdiction to regulate digital assets and the broader crypto ecosystem. As a directly applicable EU law, it ensures harmonised regulation across member states.
Its comprehensive nature is likely to make MiCA a template for
other countries developing their own crypto asset regulatory frameworks, thus extending its impact beyond the EU's borders.
Grand Answer: Your AI Partner
Designed to support compliance officers, legal counsels, and other professionals responsible for adhering to regulatory standards, Grand Answer aims to facilitate an efficient and straightforward compliance process.
Grand is live 🎈, check out our GPT4 powered GRC Platform