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Europe · EU

EU / MiCA

A single regulatory space: for many activities, including crypto-asset services under MiCA, a licence from one member state can be passported across the EU.

At a glance

Status
EU-wide regulatory framework
Region
Europe
Regulated sectors
PaymentsCryptoInvestment
Authorities
National competent authorities · EBA · ESMA · AMLA
Licensing routes
4

Overview

The framework

EU legislation harmonises the core authorisation regimes for payment and e-money institutions, investment firms and — under the Markets in Crypto-Assets Regulation (MiCA) — crypto-asset service providers and issuers. Authorisation is granted by a national competent authority, after which the firm can notify its intention to provide services in other member states.

Gambling is the notable exception: it is not harmonised at EU level, and each member state sets its own rules on whether and how online gaming may be offered to its residents; we assess each target market separately.

The choice of home member state therefore matters. Supervisory approach, review timelines, language, local substance expectations and the banking ecosystem differ considerably between national authorities, even under the same legislation; we compare candidates on these points before you commit.

Authorities

Who regulates what

National competent authorities
Grant and supervise licences in each member state.
EBA
European Banking Authority — standards for payments, e-money and certain token issuers.
ESMA
European Securities and Markets Authority — standards for investment services and crypto-asset services.
AMLA
EU Anti-Money Laundering Authority — coordination and, in time, direct supervision of selected entities.

Regimes

Licensing routes

  • Payment and e-money institutions

    Authorisation under the EU payments and e-money framework, with passporting of services across the EEA.

    Sectors: Payments

  • Crypto-asset service providers (MiCA)

    Authorisation for custody, exchange, trading platform, transfer, advice and other crypto-asset services, passportable across the EU.

    Sectors: Crypto

  • Asset-referenced and e-money token issuers (MiCA)

    Authorisation and white paper requirements for issuers of asset-referenced tokens and e-money tokens offered in the EU.

    Sectors: Crypto

  • Investment firms (MiFID II)

    Authorisation for brokerage, dealing, portfolio management and related investment services, passportable across the EEA.

    Sectors: Investment

Our Regulatory & Licensing practice prepares the applications for these routes and manages them through to the regulator's decision.

Considerations

What to weigh up

  • Treat the choice of home member state as a strategic decision, not only a cost comparison.
  • Allow for local consumer, marketing and tax rules: passporting covers regulatory permission only.
  • Plan for the local substance and senior management presence expected in the home state.
  • Decide which member states to target for gambling.

This overview is general information, summarised at a high level. Requirements change and depend on the specific activity; seek advice on your circumstances before acting.

Across jurisdictions

Cross-jurisdiction capabilities

Services we support across the jurisdictions in our directory, described once on their own pages. We deliver each to the requirements that apply locally, coordinating local specialists where local law, registration, representation or professional requirements require it.

Insights

Related analysis

EU / MiCA: the right fit for your business?

We look at your product, target clients and banking needs to see whether this jurisdiction fits or another would serve you better, then send a written proposal with scope, timetable and fee.