Consultation on reverse solicitation and classification of crypto assets as financial instruments under MiCA

Responding to this consultation

ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1 in both documents. Comments are most helpful if they:

• respond to the question stated;
• indicate the specific question to which the comment relates;
• contain a clear rationale; and
• describe any alternatives ESMA should consider.

ESMA will consider all comments received by 29 April 2024.

All contributions should be submitted online using the response form below.

Publication of responses

All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.

Data protection

Information on data protection can be found under the heading Legal Notice and Data Protection.

Who should read this paper?

All interested stakeholders are invited to respond to this consultation paper. In particular, ESMA invites crypto-asset service providers (including from third-countries) and financial entities dealing with crypto-assets as well as all stakeholders that have an interest in crypto assets.