Articles / mica-regulation / MiCA Decoded: Thinking a CASP License Covers Payments, Perps or Futures is a Major Mistake
MiCA Decoded: Thinking a CASP License Covers Payments, Perps or Futures is a Major Mistake
⦿ Executive Snapshot
- What: The article clarifies misconceptions about the MiCA (Markets in Crypto-Assets) regulation and its limitations regarding the services a Crypto-Asset Service Provider (CASP) can offer.
- Who: Co-authored by Aaron Glauberman, Viktor Juskin, and Sabir Alijev from LegalBison, who advise companies on MiCA licensing and regulatory structuring.
- Why it matters: Understanding the boundaries of MiCA is crucial for crypto platforms to avoid legal issues and ensure compliance, especially for those offering payment services, derivatives, or futures.
⦿ Key Developments
- MiCA grants a CASP license for specific crypto-asset services but does not cover payment services, derivatives, or futures trading.
- Article 2(4) of MiCA explicitly excludes financial instruments under MiFID II and payment services under PSD2 from its scope.
- The regulation allows CASPs to provide payment services only if they hold a separate EMI/PI license, which is not covered by the CASP authorization.
⦿ Strategic Context
- Historical variations in national VASP regimes led to differing interpretations of what services could be provided without additional licenses, complicating compliance.
- The increasing regulatory scrutiny in jurisdictions like Estonia has highlighted the risks for platforms operating under assumptions about their MiCA licensing.
⦿ Strategic Implications
- Platforms may face immediate operational risks if they incorrectly assume that MiCA licensing covers all aspects of their business, particularly in offering derivatives or payment services.
- Long-term, a clearer understanding of regulatory frameworks will be essential for platforms to structure their services appropriately and avoid legal repercussions.
⦿ Risks & Constraints
- Regulatory risks arise from misinterpretations of MiCA, potentially leading to unauthorized operations and legal challenges for crypto platforms.
- The evolving regulatory landscape requires continuous monitoring and adaptation by platforms to ensure compliance with both MiCA and other relevant directives like MiFID II and PSD2.
⦿ Watchlist / Forward Signals
- Monitoring the implementation of MiCA and its impact on existing platforms, particularly those involved in derivatives or payment services, will be crucial.
- Future regulatory updates or clarifications from EU authorities regarding the interpretation of MiCA will signal necessary adjustments for compliance by crypto platforms.
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