ESMA_QA_2342
Topic
Crypto-Asset Service Provider (CASP)
25/11/2024
Subject Matter
Possibility of natural persons and trusts / trustees to be authorised as CASPs
Question
Can natural persons (self-employed individuals) and trusts/trustees be considered as „other undertakings“ for the purpose of authorisation as a CASP?
Level 1 Regulation
MiCA
ESMA_QA_2344
Topic
Crypto-Asset Service Provider (CASP)
15/11/2024
Subject Matter
Audit / certification of CASP financial statements
Question
Are CASPs required to get their financial statements audited on an annual basis in order to calculate their own fund requirements?
Level 1 Regulation
MiCA
ESMA_QA_2343
Topic
Crypto-Asset Service Provider (CASP)
15/11/2024
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
MiCA
ESMA_QA_2653
Topic
Crypto-Asset Service Provider (CASP)
08/11/2024
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
MiCA
ESMA_QA_2328
Topic
Other DORA topics
06/11/2024
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?
Level 1 Regulation
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)