Regulatory Gate

European Union · MiCA

Crypto-asset service providers & token issuance

All jurisdictions

Choose the route your business actually needs.

MiCA CASP authorisation is granted by the competent authority of the home member state, not by ESMA. Passporting follows the applicable notification process; financial instruments and other excluded products require a separate analysis.

EU National Competent AuthoritiesESMAEBA
  • Choose a home member state based on real management, staff and operational substance—not just incorporation cost.
  • Map every CASP service: custody, exchange, trading platform, execution, placing, advice, portfolio management or transfer services can require different permissions.
  • Distinguish crypto-assets covered by MiCA from financial instruments. Tokenised securities remain subject to the relevant financial-services framework.
  • Asset-referenced tokens and e-money tokens have issuer-specific rules; a CASP authorisation does not authorise token issuance.
  • EU passporting is a notification-based process for authorised services, not automatic permission for every product or non-EU market.
  • The maximum MiCA grandfathering period ended on 1 July 2026; national deadlines could be earlier. A pending application does not extend the right to operate beyond the applicable deadline.

Distinct activities. Distinct requirements.

01 / EU National Competent Authorities

MiCA CASP authorisation

The home member state's competent authority authorises crypto-asset service providers. ESMA maintains registers and supports supervisory convergence; it is not the ordinary CASP licensing authority. Existing regulated financial entities may have a distinct notification route for eligible equivalent services.

Application focus

Programme of operations, local management and governance, fit-and-proper evidence, prudential safeguards, client-asset segregation, conflicts, complaints, outsourcing and service-specific policies.

After authorisation

Maintain prudential safeguards, conduct and client protection, AML/Travel Rule, reporting and relevant DORA ICT risk, incident and outsourcing controls.

Regulatory source ↗

02 / EBA

Token issuance is a separate workstream

Asset-referenced token and e-money token issuers face distinct eligibility, reserve, redemption and disclosure rules. Significant tokens may engage EBA supervision; the issuer's competent authority and legal status must be established.

Application focus

Token classification, issuer eligibility, white paper, reserve or safeguarding arrangements, redemption rights, governance and recovery planning as applicable.

After authorisation

Reserve and redemption controls, disclosures and applicable issuer reporting and supervision. A MiCA white paper is not itself a CASP licence.

Regulatory source ↗

Prepare a coherent submission—not just forms.

The exact checklist depends on the authority, permission and applicant. These workstreams establish a practical preparation baseline; authority-specific forms and evidence take precedence.

  1. 01Business plan and activity map: products, customer types, revenue, execution flow and target countries.
  2. 02Ownership and control chart, source of funds, beneficial-owner evidence and fit-and-proper files for management.
  3. 03Financial projections, capital and liquidity plan, staffing, local presence and outsourcing arrangements.
  4. 04AML/CFT risk assessment, customer due diligence, sanctions screening, monitoring and reporting procedures.
  5. 05Governance, compliance monitoring, complaints, cybersecurity, business continuity and incident-response policies.
  6. 06MiCA service-by-service policies, custody or trading procedures, wind-down plan and DORA ICT risk documentation where applicable.

A structured path through the application.

  1. 01Classify tokens and services; identify MiCA, payments or investment-services overlaps.
  2. 02Select the home member state, competent authority and substantive operating model.
  3. 03Prepare CASP governance, safeguards, prudential and technology documentation.
  4. 04Respond to the home authority's completeness and substantive assessment.
  5. 05After authorisation, complete applicable cross-border notifications and ongoing compliance.

Capital, fees and timing vary by permission and applicant. Incorporation, initial approval or a pending application does not by itself permit regulated operations. Approval remains the regulator's decision.

Compliance and risk must work in practice.

Build a permissions register, regulatory calendar and control-testing programme. Assign owners for financial-crime controls, client assets, outsourcing, cyber incidents, complaints and board reporting. Reassess permissions before adding products, jurisdictions or distribution channels.

General advisory guidance, not a legal opinion or a guarantee of eligibility. Confirm current rules and local legal requirements for the proposed business before taking action.

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