ESMA encourages preparations for a smooth transition to MiCA

The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, today publishes a letter and a statement to encourage preparations for a smooth transition to MiCA.

In the letter addressed to the Economic and Financial Affairs Council (ECOFIN), ESMA Chair, Verena Ross, calls on Member States to designate without delay the competent authorities responsible for carrying out the functions and duties provided for under MiCA, and to consider limiting the optional grand-fathering periodto 12-months should they choose to offer it in their jurisdictions.

ESMA has also published a statement addressed to entities providing crypto-asset services and the national competent authorities that will be responsible for their supervision, which lists expectations for each from now until the end of the MiCA transitional period. The competent authorities are encouraged to dedicate resources and align their supervisory practices with those of their counterparts across the EU to begin effective supervision from day one.

Market participants are encouraged to begin planning towards a smooth transition and ensure their clients are aware of the regulatory status of their ‘grand-fathered’ crypto-asset offerings. The statement also reminds consumers of the risks associated with holding or investing in crypto-assets until and even after MiCA enters into application.

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