The release and application of new regulation represent a significant step forward in the lawful structure pertinent to virtual assets. It offers to set up a clarity in the sector with some uncertainty and lawful turmoil for both asset creators and SPs, users and backers, along with the other participants in the industry.
This article will help you to sort out all the nuances of crypto-assets regulation in Europe and provide the details you may be curious about.
Structure and goals of MiCa
The MiCa regulation is aimed to be the main piece of legislation in the EU regulatory regime for markets on virtual assets, setting up rules for their issuers or CASPs.
Goals of this structure:
- Establishment of a unified lawful scheme at the European level that replace the current rules in some nations;
- Provide clearer rules that fall outside current laws;
- Fostering of innovations and fair competition by setting up a protective lawful regime that develop the sector;
- Safeguard of consumers and investors by implementing mechanisms created to sustain the integrity of market;
- Enhancing fiscal stability by implementing safeguards to decrease feasible hazards to the market.
Classification
Since there are various kinds of virtual assets that bring diverse hazards to consumers and investors, the European legislator introduced a classification distinguishing into four categories of digital assets. There are different sets of demands for each of them. Among that categories are:
- Tokens that are backed by assets: These are created to sustain a stable value by reference to another value or right (or their consolidation);
- E-money tokens: These assets mean to sustain a steady value by being pegged to an official currency;
- Utility tokens: Assets, which assigned exclusively for providing admission to goods or issuer’s services;
- Other virtual assets: These do not fall under any group.
Conversely, virtual assets that relate to fiscal tools and qualified by other legislation are excluded from the scope of MiCa’s application. NFTs and CBDC are among them. Lending and DeFi are also not subject to the rules.
Scope
The new structure presents a set of standards pertinent to issuers of assets and CASPs.
Issuers
Before issuing, providing, or allowing the trading of assets, entities have to satisfy diverse clearance, revelation, and data requirements. These demands are generated to make sure that the people receive ample data about the hazards, rights and responsibilities linked to assets.
CASP
The structure also make the demands pertinent to entities who offer services regarding virtual assets, namely:
- Safeguarding and managing assets for clients;
- Functioning of trading platforms;
- Facilities regarding the exchange of assets for another ones or for funds;
- Placing orders for cryptocurrency assets in the name of the customers;
- Placing of virtual assets;
- Giving suggestions to clients;
- Managing digital currency portfolios;
- Offering transfer services in the name of the client.
After all, they will need to get an approval, which has to be given by the government body, prior to beginning specific activity. It has to be done in order to ensure abidance to a diversity of demands under the new legislation.
Conclusion
In summary, the new structure presents a new lawful system in Europe for regulating virtual assets and their offerings. It aims to provide clarity, protect customers and contributors, encourage alterations, ensure honest competition, and enhance market steadiness.