ESMA_QA_2087
Topic
Crypto-Asset Service Provider (CASP)
29/01/2024
Subject Matter
Prohibition of monetary and non-monetary benefits under MiCA
Question
Does the prohibition set out under Article 80(2) to receive "remuneration, discount or non-monetary benefit in return for routing orders received from clients" apply to the crypto-asset services of receiving and transmitting orders on behalf of clients as well as the execution of orders on behalf of clients?
Level 1 Regulation
MiCA
ESMA_QA_2086
Topic
Crypto-Asset Service Provider (CASP)
29/01/2024
Subject Matter
Passporting rights for entities benefiting from grandfathering
Question
1) Are entities benefiting from grandfathering eligible to passport their crypto services to other Member States?

2) Can an entity grandfathered to provide crypto services in one Member State provide cross-border activities in another Member State that has elected not to allow grandfathering (i.e., shortened or opted out of the transitional period)?
Level 1 Regulation
MiCA
ESMA_QA_2085
Topic
Crypto-Asset Service Provider (CASP)
29/01/2024
Subject Matter
New CASPs established before (and after) 30 December 2024
Question
Does Article 143 allow for new CASPs established between MiCA’s entry into force (June 2022) and 30 December 2024 to continue providing crypto-asset services (under national applicable law) until 1 July 2026 (assuming the MS allows the full duration of the grandfathering period)?
Level 1 Regulation
MiCA
ESMA_QA_2082
Topic
CRA Regulation
26/01/2024
Subject Matter
Discontinuation of credit ratings
Question
Question: How should a CRA ensure a sufficient level of transparency when a credit rating is discontinued in accordance with Article 10(1)?

Question: Is a different level of transparency expected when a credit rating is withdrawn?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_2079
Topic
Other DORA topics
23/01/2024
Subject Matter
DORA, Article 3 - definition of microenterprise and small enterprise
Question
We are investment company that doesn´t meet DORA requirements to qualify as microenterprise neither as small enterprise since we have more than 10 employees (total of 14) but our annual turnover and/or annual balance sheet total that does not exceed EUR 2 million. What are our obligations under DORA regulation?

Level 1 Regulation
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)