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ESMA_QA_2551
Topic
Crypto-Asset Service Provider (CASP)
28/05/2025
Subject Matter
Overlap between offers of crypto-assets and placing
Question
Can persons who are authorized in writing by the issuer to offer crypto-assets to the public conduct this activity on a commercial basis, continuously, repeatedly, and possibly for different issuers (whether concurrently or consecutively) without having a MiCA CASP license for the crypto-asset service 'placing of crypto-assets'?
Level 1 Regulation
MiCA
ESMA_QA_2550
Topic
Crypto-Asset Service Provider (CASP)
28/05/2025
Subject Matter
Payouts in fiat currency by CASPs in the context of exchange services
Question
Should the business model whereby a crypto-asset service provider (CASP) provides exchange services but only ever allows clients to collect their balance in fiat currency be allowed?
Level 1 Regulation
MiCA
ESMA_QA_2547
Topic
Other DORA topics
27/05/2025
Subject Matter
Does DORA also apply to non-EU AIFM?
Question
The regulation applies to managers of alternative investment funds according to Article 2, point (k) of DORA. According to Article 3, (point 44), of DORA a manager of alternative investment funds is defined as “a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU”.
According to Article 4(1), point (b), of Directive 2011/61/EU (AIFM Directive) “AIFMs’ means legal persons whose regular business is managing one or more AIFs”. We are of the understanding that Article 4(1), point (b), does not exclude non-EU AIFM. EU AIFM and non-EU AIFM are defined in Article 4(1), point (L) and point (ab). Since DORA only refers to article 4(1), point (b), of the AIFM Directive and not to article 4(1), point (L), we are wondering if DORA applies to both EU and non-EU AIFM as the definition implies.
Level 1 Regulation
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)
ESMA_QA_2671
Topic
White paper
09/05/2025
Subject Matter
Exemption from white paper requirements when offering a crypto-asset other than an ART or EMT
Question
Is the preparation of a white paper under MiCA mandatory for crypto-asset offerings that fall under the exceptions in Article 4(2) and 4(3) of MiCA, where the offeror only intends to have the token traded on DEX platforms or CEXs in other jurisdictions (i.e. outside the European Union)?
Level 1 Regulation
MiCA
ESMA_QA_2533
Topic
Non-equity transparency
24/04/2025
Subject Matter
Post-trade deferral regime for bonds, ETCs, ETNs and SFPs under the draft RTS 2 published by ESMA on 16 December 2024
Question
a. Regarding the new post-trade deferral regime categories 3 and 4 for bonds: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flags ‘LLF3’ and ‘LIF4’? (Please see Draft RTS 2, paragraph 78 on page 29 and Annex II, Table III on page 160).

b. Regarding the new post-trade deferral regime for ETCs, ETNs and SFPs: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flag ‘DEFF’? (Please see Draft RTS 2, Annex II, Table III on page 161).
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets