Blog

1. Introduction: The recast of the Anti-Money Laundering Directive (AMLD) and new Anti-Money Laundering Regulation (AMLR) serve the primary purpose of the Anti-Money Laundering (AML) package to increase and facilitate cooperation between Member States in the fight against money laundering (ML) and terrorist financing (TF), while...

1. Introduction: In July 2021, the European Commission presented a new package of legislative proposals to strengthen the measures against money laundering and financing of terrorism across the European Union. This package consists of a Regulation establishing the new EU Anti-Money Laundering Authority (AMLA), an Anti-Money...

1 - Crypto-Asset Service Providers Crypto-asset service providers (CASPs) are companies that help users control, trade or store their crypto-assets. Examples include Luxembourg based Blockchain.com, a virtual cryptocurrency wallet provider responsible for facilitating 28% of global bitcoin transactions, Bitpanda, an Austrian based exchange enabling the purchase...

1. Setting the Scene According to the MiCA Article 3 definitions, asset-referenced and e-money tokens are crypto assets primarily intended as means of exchange that purport to maintain a stable value by reference to other forms of capital. However, while asset-referenced tokens may refer to baskets...

1. Present Regulatory Environment With the exception of a few European national jurisdictions that have adopted domestic crypto-assets regimes, such as Malta and France, the admission and offering of crypto-assets on European capital markets is subject solely to the listing rules of individual trading platforms. MiCA is...

1. Choice of legislative instrument One of the first things to appreciate about MiCA is that this legislative document takes the form of a Regulation. Unlike Directives, Regulations are a form of EU law instrument that is directly applicable in all Member States and does not...

1. Introduction As mentioned in the introductory part of this series, the Markets in Crypto-Assets (MiCA) Regulation is part of the Digital Finance Package, which aims to support digital finance innovation by providing legal certainty for token issuers and related service providers, while simultaneously mitigating the risks...

1. Digital Finance Package The Markets in Crypto-Assets (MiCA) draft Regulation was released by the European Commission in September 2020. It is part of the Commission’s Digital Finance-package  that aims to deliver innovative financial products to EU citizens, while maintaining high levels of investors’ protection and ensuring...