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Europe · EU

EU / MiCA

For financial services, the EU is a single regulatory space: a licence in one member state can, for many activities, be passported across the others — including crypto-asset services under MiCA.

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.

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.

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

Applications and regulator engagement for these routes are handled by our Regulatory & Licensing practice.

Considerations

What to weigh up

  • Home member state selection is a strategic decision, not only a cost comparison.
  • Passporting covers regulatory permission, not local consumer, marketing or tax rules.
  • Local substance and senior management presence are expected in the home state.
  • Gambling requires separate analysis for each target member state.

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.

Insights

Related analysis

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