What is it about?

The Markets in Crypto-Assets Regulation (MiCAR) is a proposed regulation of the European Union to create a single and harmonised regulatory framework for cryptoassets. The aim is to make the market for crypto-assets more transparent, secure and efficient. The regulation includes rules for value-referenced tokens, e-money tokens and utility tokens, but not for security tokens.

Under MiCAR, various regulations are introduced, including:

  • Permit requirement: Issuers and providers of crypto-assets as well as providers of certain crypto-services must apply for a permit in order to carry out their activities. This creates a higher level of trust and security for investors.
  • Central register: When providing crypto-asset services across borders, companies must register their activities in a central register. This will improve transparency and reduce the risks of money laundering and terrorist financing.
  • Publication obligations: Companies offering crypto-assets are obliged to publish certain information, such as a white paper. This creates a comprehensive and understandable information basis for potential investors.
  • Market abuse protection: MiCAR also contains regulations to protect against market abuse in connection with crypto assets. This is intended to prevent manipulation and fraudulent activities.

Current status and timeline

The Markets in Crypto-Assets Regulation (MiCAR) was presented on 24 September 2020 and is currently in the voting phase. The regulation is to be applied 18 months after its entry into force, although exceptions are possible.

Who is affected?

The regulation affects all companies that issue crypto-assets or provide services in connection with crypto-assets in the European Union, i.e. primarily financial companies. Exemptions are specified in the regulation.

Challenges for companies:

The introduction of MiCAR poses a number of challenges for companies, particularly in the crypto-asset space, including:

  • Regulatory compliance: Companies must ensure that they obtain all necessary permits and authorisations in accordance with the provisions of MiCAR and fully comply with regulatory requirements.
  • Complexity of requirements: MiCAR includes various regulations and requirements that companies need to understand and implement. This often requires specific expertise and adjustments to internal processes.
  • Technological adjustments: Companies may need to update their IT infrastructure, security mechanisms and reporting systems to meet the new standards and obligations.

Our legal services:

Our renowned law firm offers a wide range of MiCAR-related advisory services to companies:

  • Legal advice on compliance: Our experienced lawyers support companies in complying with MiCAR regulatory requirements and assist in obtaining permits and approvals.
  • Structuring and designing business models: We help companies structure and design their business models to meet MiCAR requirements.
  • Technology consulting: Our expertise in the field of technology enables us to support companies in the technological implementation of MiCAR requirements.
  • Contract and document review: Our lawyers review and optimise contracts and documents related to crypto-assets to meet MiCAR requirements.
  • Trainings and workshops: We offer customised trainings and workshops to inform companies about the impact of MiCAR and provide the necessary knowledge for a successful implementation.

Our 3 MICAR Experts

Jens  Borchardt

Jens Borchardt

Partner

Johannes  Schäufele

Johannes Schäufele

Counsel

Benjamin  Spies

Benjamin Spies

Partner