The regulatory landscape for the financial technology sector is becoming more strict globally, particularly in Europe. To address this, new frameworks have been introduced to enhance consumer protection, financial stability, and innovation in the crypto assets industry. One significant development is the Markets in Crypto-Assets Regulation (MiCA), which aims to establish a comprehensive regulatory framework for crypto assets within the European Union (EU).
MiCA provides guidelines for participants in the market, including licensing requirements, business conduct standards, and regulations against market abuse. Its main goal is to bring legal clarity to the cryptocurrency industry in the EU and provide straightforward directives for companies. MiCA simplifies the process of obtaining authorization to operate as a crypto-asset service provider (CASP) across the EU, replacing the previous patchwork of national permits with a unified system.
To obtain a license under MiCA, entities must understand and comply with regulatory requirements, correctly classify crypto assets, and stay informed about evolving guidelines and legal interpretations. The implementation of MiCA will be gradual, with provisions on stablecoins expected to apply from July 2024. Entities within MiCA’s scope are advised to adapt to the new framework within 12-18 months of its enforcement.
While MiCA offers a transparent regulatory framework for CASPs, challenges such as rising costs and increasing complexity in processes remain. However, these regulatory changes are crucial for the transformation and consolidation of the crypto landscape in Europe, leading to a healthier and more transparent business environment in the long run.
Gofaizen & Sherle, a fintech law firm operating in Europe, assists CASPs with navigating the evolving legal landscape and provides services such as project planning, business registration, license acquisition, and ongoing support. The firm emphasizes the complexity of preparing for MiCA, which goes beyond operational processes and includes employee training, data handling, and the rapid implementation of new business approaches.
Gofaizen & Sherle has various departments dedicated to meeting the needs of their clients, including Crypto and Blockchain Consulting, FX and iGaming Consulting, Legal, Operations, Business Development, Accounting, and HR. The team is led by Mihhail Sherle, senior partner and head of legal, and Maksim Gasanbekov, associate partner and head of sales for the Crypto and Blockchain sector.
It is important to note that this article is done in partnership with Gofaizen & Sherle. Readers are advised to do their own research before taking any actions related to the company mentioned in the article.