ESMA_QA_2085
Status: ✅ Answer Published
Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/2085
Regulatory Context
Regulation : MICA
Level 1 Regulation: MiCA
Level 2 Regulation: No information available
Level 3 Regulation: No information available
Topic: Crypto-Asset Service Provider (CASP)
Subject Matter: New CASPs established before (and after) 30 December 2024
Question
Submission Date: 29 January 2024
Does Article 143 allow for new CASPs established between MiCA’s entry into force (June 2022) and 30 December 2024 to continue providing crypto-asset services (under national applicable law) until 1 July 2026 (assuming the MS allows the full duration of the grandfathering period)?
ESMA Answer
Answer Date: 29-01-2024
Yes. Article 143(3) of MiCA allows entities providing crypto services to benefit from grandfathering if they provided their services in accordance with applicable national law before 30 December 2024. There is no effective ‘date of initiation’ related to entry into force or other temporal constraint (i.e., if the entity providing crypto services began offering services in 2014, it would still be eligible for grandfathering). For those entities offering crypto services who did not provide such services (or exist as a legal entity) under any applicable laws before 30 December 2024, they will not benefit from grandfathering. To provide services in the transitional period (and after), they must acquire a MiCA authorisation.
This document was automatically extracted from the ESMA EMIR Q&A database.