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    MiCAR: The EU’s New Crypto Sheriff in Town…

    Published: August 27, 2024

    Welcome to the world of MiCAR, where the European Union (EU) is setting the stage for a more transparent, secure, and stable crypto market. Short for “Markets in Crypto-Assets” Regulation, MiCAR was introduced in 2023, and it’s here to shake things up in the crypto world across EU member states.

    What’s MiCAR All About?

    Imagine a world where the crypto-asset market isn’t the Wild West, but a place where rules bring order and trust. MiCAR aims to make this vision a reality. Here’s a snapshot of what MiCAR is bringing to the table:

    • Transparency Galore: Issuers and service providers must spill the beans about their offerings and processes. No more mysteries!
    • Consumer Protection: Crypto businesses now must play by stricter Anti-Money Laundering (AML) and Know Your Customer (KYC) rules. Your crypto dealings just got a whole lot safer.
    • Market Stability: With clear rules in place, the crypto market is set to be less of a rollercoaster and more of a smooth ride.

    The What, Who & When?

    MiCAR isn’t just throwing a blanket over the entire crypto landscape. It’s zeroing in on specific types of tokens:

    Asset-Referenced Tokens (ARTs):

    Tokens pegged to the value of another asset, (e.g. commodities or stablecoins).

    E-Money Tokens (EMTs):

    Think stablecoins backed by a single fiat currency, such as the Euro.

    Other Tokens:

    Utility tokens that give you access to a good or service are also on MiCAR’s radar.

    MiCAR is setting its sights on several key players in the crypto world:

    Crypto-Asset Issuance

    If you’re launching a new crypto-asset, MiCAR’s got you in its crosshairs.

    Trading Platforms

    Crypto exchanges operating within the EU are now under the MiCAR microscope.

    Custody Services

    If you’re holding crypto assets on behalf of clients (think wallets), it’s time to take notes.

    Investment Services

    Offering crypto-asset advice or management? MiCAR wants a word with you.

    (Click for more information)

    The Road Ahead

    Change doesn’t happen overnight, and MiCAR knows it. That’s why there’s a transitional period allowing everyone to get their ducks in a row:

    • Transitional Period: Spanning 18 to 24 months from June 2023, this period gives market participants time to comply with the new regulations.
    • Full Enforcement: MiCAR is set to be fully enforced between late 2024 and mid-2025, depending on the specific timelines for different provisions.

    MiCAR’s Top 5 Requirements

    To keep the crypto world in check, MiCAR lays down the law on five key requirements:

    Requirement Description
    Clear Disclosure Detailed information about crypto offerings and processes
    AML Compliance Adherence to strict Anti-Money Laundering standards
    KYC Standards Know Your Customer protocols to ensure the legitimacy of users
    Market Integrity Rules to prevent market manipulation and ensure fair trading
    Consumer Protection Safeguards to protect consumers from fraud and mismanagement

    The Challenge Ahead

    While MiCAR is a game-changer, it’s not without its hurdles. Financial institutions may face several challenges in aligning with MiCAR’s requirements:

    • Complex Compliance: Navigating the intricate web of new regulations.
    • Technological Upgrades: Updating systems to meet transparency and reporting standards.
    • Resource Allocation: Investing in training and resources to ensure full compliance.

    By understanding these challenges, financial entities can take proactive steps to mitigate risks and prepare for the uncertainties presented by MiCAR. This includes keeping a close eye on EU developments, aligning internal practices with potential future UK regulations, and advocating for clear and internationally coordinated crypto regulations.

    So, Wrapping Up…

    MiCAR is the EU’s bold step towards a more regulated, transparent, and consumer-friendly crypto market. Whether you’re an issuer, a trading platform, a custodian, or an investment service provider, it’s time to get familiar with MiCAR and gear up for the changes ahead. The crypto market is evolving, and with MiCAR, it’s set to be a thrilling ride toward a more secure and stable future.

    First Derivatives is at the forefront of financial regulations, offering unparalleled expertise in gap assessments and remediation solutions tailored to your unique needs. Our comprehensive services ensure operational resilience and regulatory compliance, safeguarding your business in a rapidly evolving financial landscape. With a rich portfolio in business analysis, development, testing, and quality assurance, we empower clients to navigate and conquer compliance challenges, securing long-term success and stability. Choose First Derivatives for a partner who not only understands the complexities of financial regulations but also excels in transforming them into opportunities for growth and resilience.

    Curious to know more?
    First Derivative is available to help

    We would welcome to opportunity to speak to capital market firms on these key topics, to share our thoughts and insights.

    Contact us today

    Pritesh Solanki

    Pritesh Solanki
    Managing Consultant
    First Derivative

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