Subject Matter
Minimum capital requirements for CASPs
Question
What are the minimum capital requirements applicable to CASPs providing (i) only crypto-asset services listed under either Class 2 or Class 3, or (ii) providing crypto-asset services listed under Class 1 and Class 3 of Annex 4 of MiCA?
Level 1 Regulation
Subject Matter
How to distinguish between different execution services
Question
How should the crypto-asset services of ‘exchange of crypto assets for funds’ or ‘exchange of crypto assets for other crypto assets’ (Article 3(1)(16c and d respectively) of MiCA), ‘execution of orders for crypto-assets on behalf of clients’ (Article 3(1)(16e), and ‘reception and transmission of orders for crypto-assets on behalf of clients’ (Article 3(1)(16g)) be distinguished from one another?
Level 1 Regulation
Subject Matter
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)
Question
We have service providers (Market Axess), who classify themselves as DORA-relevant because they offer regulated financial services (ARM and APA). However, they do not see themselves obligated to make contractual adjustments according to Article 30. This is because "financial services" would not fall under the definition of "ICT service" as per Article 3(21) of DORA. Additionally, this requirement would only apply to non-regulated companies. Is this understanding correct?
Subject Matter
Clarification on Withdrawal Requirements under Article 75 of MiCA for CASPs
Question
I seek clarification regarding the obligations of Crypto-Asset Service Providers (CASPs) under Article 75 of the Markets in Crypto-Assets Regulation (MiCA) concerning the ability for customers to withdraw specific crypto assets. Specifically, does Article 75 require CASPs to enable customers to withdraw every cryptocurrency offered for trading on the platform? For example, if a cryptocurrency exchange allows customers to trade Dogecoin but faces technical limitations in facilitating direct Dogecoin withdrawals, would it suffice to offer a conversion option, allowing customers to exchange Dogecoin for Bitcoin, Ethereum, or fiat currency, which they can then withdraw?
Level 1 Regulation
Subject Matter
Individual portfolio management of loans
Question
Does a European crowdfunding service provider (“ECSP”) have the right to link the individual portfolio management of loans to the bulletin board functionality by not only allocating investors funds to one or multiple crowdfunding projects on ECSP's crowdfunding platform but also by allowing investor a possibility of automatically investing in the loans published on the bulletin board?