News & Analysis as of

FinTech Cryptoassets European Union

A&O Shearman

EBA draft RTS for CASPS appointing a central contact point under MLD4

A&O Shearman on

The European Banking Authority (EBA) has issued its final report on draft regulatory technical standards (RTS) amending Commission Delegated Regulation (EU) 2018/1108, on the criteria for the appointment of central contact...more

A&O Shearman

ESMA final guidelines on preventing and detecting market abuse under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published its final report on the guidelines on supervisory practices for National Competent Authorities (NCAs) to prevent and detect market abuse under the Market in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Update on MiCA Implementation: Implications for Copy Trading Services

Since December 2024, cryptoassets and related services are regulated in the European Union by the Markets in Crypto-Assets Regulation (MiCA). Although the regulation provides a comprehensive set of rules for issuers of...more

A&O Shearman

ESMA guidelines on suitability requirements and format of the periodic statement for portfolio management activities under MiCAR

A&O Shearman on

Official translations of the guidelines on certain aspects of the suitability requirements and format of the periodic statement for portfolio management activities under the EU Markets in Crypto Assets Regulation (MiCAR) have...more

A&O Shearman

Suite of regulatory technical standards supplementing MiCAR published in OJ

A&O Shearman on

Four Commission Delegated Regulations supplementing Regulation 2023/1114 (MiCAR) have been published in the Official Journal of the EU, namely: - Commission Delegated Regulation - 2025/415 supplementing the EU Markets in...more

A&O Shearman

ESMA guidelines on the conditions and criteria for the qualification of cryptoassets as financial instruments

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published official translations of its guidelines on the conditions and criteria for the qualification of cryptoassets as financial instruments under Article 2(5) of...more

A&O Shearman

EU MiCAR regulatory technical standards on order book records and transparency data requirements for CASPs

A&O Shearman on

The following two delegated regulations made under Article 76(16) of Markets in Cryptoassets Regulation (MiCAR) have been published in the Official Journal of the European Union: - Commission Delegated Regulation (EU)...more

A&O Shearman

ESAs publish guidelines on the standardised test for crypto-assets and templates for explanations and opinions under MiCAR

A&O Shearman on

The European Supervisory Authorities (ESAs) have published guidelines on: (i) a common approach for the regulatory classification of crypto-assets under the Markets in Crypto-asset Regulation (MiCAR); and (ii) templates for...more

A&O Shearman

ESMA guidelines on cryptoasset transfer services under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published official translations of its guidelines on the procedures and policies, including the rights of clients, in the context of transfer services for cryptoassets...more

A&O Shearman

EU MiCAR technical standards published

A&O Shearman on

Two delegated acts were published in the Official Journal of the European Union (OJ) in respect of the EU MiCAR. - Commission Delegated Regulation (EU) 2025/303, which comprises regulatory technical standards specifying the...more

A&O Shearman

Eight Delegated Regulations under MiCAR published in Official Journal of the European Union

A&O Shearman on

Eight Delegated Regulations supplementing the Markets in Crypto-assets Regulation (MiCAR) have been published in the Official Journal of the European Union (OJ). They are: (i) Commission Delegated Regulation (EU) 2025/292...more

Goodwin

Luxembourg Strengthens Its Regulatory Framework for Crypto-Assets with the Implementation of MiCAR

Goodwin on

On 10 February 2025, the law of 6 February 2025 regarding, notably, digital finance was published in the Official Journal of Luxembourg (the “Law”)....more

BakerHostetler

Weekly Blockchain Blog - February 2025 #2

BakerHostetler on

Major Crypto Exchanges Launch New Products, Obtain Foreign Licenses - According to a recent company blog post, a major U.S. cryptocurrency exchange has launched a new staking product that will allow clients residing in...more

A&O Shearman

European Banking Authority consults on draft technical standards on the prudential treatment of crypto-assets exposures

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The European Banking Authority has published a consultation paper on its draft Regulatory Technical Standards on the calculation and aggregation of crypto-exposure values under the Capital Requirements Regulation 3...more

A&O Shearman

European Commission writes to EU authorities on the interplay between crypto asset and payment services regulations

A&O Shearman on

The European Banking Authority has published a letter from the European Commission (dated December 6, 2024) to the EBA and the European Securities and Markets Authority regarding the interplay between Markets in Crypto Assets...more

Skadden, Arps, Slate, Meagher & Flom LLP

Crypto Update: UK Government Outlines Its Approach to Digital Asset Regulation

In her first comments since the July 2024 UK general election, Economic Secretary to the UK Treasury Tulip Siddiq MP delivered a speech at the Tokenisation Summit on 21 November 2024 that outlined the recently elected UK...more

A&O Shearman

International Organization of Securities Commissions Publishes Roadmap to Enhance Retail Investor Online Safety

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The International Organization of Securities Commissions has launched a new roadmap for retail investor online safety. The strategic initiative aims to safeguard retail investors worldwide from fraud, excessive risk, and...more

K&L Gates LLP

The Italian Law Implementing the EU MiCar Regulation: A "MiFIDisation" of Crypto-Assets?

K&L Gates LLP on

On 13 September 2024 Legislative Decree no. 129/2024 (Decree no. 129), implementing the MiCAR Regulation (Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets –...more

Hogan Lovells

Implementation of the Markets in Crypto-assets Regulation (MiCAR): A Jurisdictional Comparison

Hogan Lovells on

With the Markets in Crypto-Assets Regulation (MiCAR) (Regulation (EU) 2023/1114) becoming fully applicable by the end of this year, crypto-asset service providers seeking to offer their services across the EU need to consider...more

Walkers

Global Legal Insights FinTech 2024: Ireland chapter

Walkers on

The Irish government has been supportive of the development of the financial services sector in Ireland and this extends to fintech. The government’s strategy for the development of Ireland’s international financial services...more

A&O Shearman

New draft of Polish markets in crypto-assets act – evolution or revolution in the legislative process?

A&O Shearman on

Although the Regulation of the European Parliament and of the Council (EU) 2023/1114 of 31 May 2023 on crypto-assets markets (the MiCAR) was published in June 2023, the work on laws implementing it in Poland is still in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Bank Capital Standards for Cryptoasset Exposures Under the Basel Framework

On 17 July 2024, the Basel Committee on Banking Supervision (BCBS) finalized revisions to the prudential framework for banks’ exposures to cryptoassets. The revisions largely introduced additional requirements relating to the...more

Hogan Lovells

The EU's Markets in Crypto Assets (MiCA) regulation

Hogan Lovells on

On 26 June 2024, Hogan Lovells, in collaboration with Buen Crypto, hosted an event to discuss imminent implications for firms who will be subject to the Markets in Crypto Asset Regulation (MiCA) due to come into force from 30...more

A&O Shearman

Joint EU Guidelines on Suitability of Management Body Members and Shareholders for Entities Under the Markets in Crypto-Assets...

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The European Banking Authority and European Securities and Markets Authority have published joint guidelines on the suitability of members of the management body, and on the assessment of shareholders and members with...more

A&O Shearman

MiCAR under the microscope - Part 5: Regulatory requirements applicable to CASPs

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The Regulation (EU) 2023/1114 on Markets in Crypto-assets (MiCAR) has further expanded the panel of regulated entities by introducing the regulatory status of crypto-asset service providers (CASPs)....more

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