MiCA, the regulation passed in 2022 is helping to sort out crypto assets of the European Union. Defining which crypto assets are financial instruments covered by MiFID II constitutes a major issue.
On Jan. 29 ESMA, the EU’s securities regulator published two consultation papers The other covers “reverse solicitation,” where crypto companies that are not based in the EU can serve EU clients but only if it is initiated by the client.
ESMA wants to make sure that this exemption is not misused and EU investors are protected.
The other paper questions classifying crypto assets as financial instruments. This will determine which rules apply: Specific MiCA crypto rules or the wider framework of financial instruments under regulation as in line with MiFID II.
April is the deadline for comments on both papers. This sorting will dictate how crypto assets are regulated in the EU.
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