By the end of 2024, MiCA will be fully implemented, with the goal of establishing a uniform regulatory framework for crypto assets among European Union member states.
An important step was taken toward establishing a thorough regulatory framework for crypto assets in the EU on June 9th when the Markets in Crypto-Assets (MiCA) Act was published in the Official Journal of the European Union (OJEU). The bill, which was first proposed in 2020 and was officially signed into law on May 31, intends to bring about uniformity and clarity in the regulation of crypto assets among EU member states.
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On December 30, 2024, the MiCA laws are expected to take effect, giving market participants plenty of time to get ready and comply. The transition period following this effective date offers crypto asset issuers, exchanges, and wallet providers a chance to sort out their business operations with the legislatively stated regulatory obligations.
While the MiCA rules will legally take effect 20 days after being published in the OJEU, some of the legislation’s provisions will be put into effect sooner, beginning on June 30, 2024. The regulatory framework can be adopted gradually thanks to this phased approach, providing market participants time to make adjustments and assure compliance with the particular rules that take effect sooner.
Related: Industry leaders and policymakers react to passage of MiCA in EU
The passage of the MiCA Act has received widespread praise as a development that will benefit Europe’s cryptocurrency market. The Act seeks to level the playing field and promote a single market environment across EU member states by adopting a unified regulatory framework.
The development of registration and authorisation procedures for cryptocurrency issuers, exchanges, and wallet providers is one of the main elements of the MiCA Act. These rules are designed to improve consumer safety and make ensuring that market participants adhere to particular norms and obligations, including safeguards against money laundering and terrorist funding, proper capitalization, and cybersecurity measures.
key provisions of MiCA
- Licensing: Crypto businesses will need to obtain a license from a national competent authority in order to operate in the EU.
- Issuers of crypto assets: Issuers of crypto assets will be subject to strict rules on governance, risk management, and investor protection.
- Venture capital funds: Venture capital funds that invest in crypto assets will be subject to certain reporting and disclosure requirements.
- Supervision: The European Securities and Markets Authority (ESMA) will be responsible for supervising compliance with MiCA.
MiCA is a complex piece of legislation, and it is still too early to say what its full impact will be on the crypto industry. However, it is clear that MiCA will have a significant impact on the way that crypto businesses operate in the EU.
While the EU continues to develop its regulatory framework for digital assets, the Securities and Exchange Commission (SEC) in the US is taking enforcement action against significant crypto exchanges like Binance and Coinbase. These regulatory developments in the US emphasize the necessity for uniform regulatory approaches in various jurisdictions and the global attempts to establish clearer rules and control in the bitcoin business.
Related: Gensler “very confident” SEC can win against Coinbase and Binance