MiCAR - frequently asked questions

• The Central Bank welcomes early engagement with applicants, which will include meetings where the applicant firm can outline its business models and strategy for MiCAR. We will outline our authorisation and supervisory expectations at these meetings.
• Virtual Asset Service Providers (VASPs) that are registered with the Central Bank are requested to engage with their supervisor to arrange a crypto-asset service provider (CASP) early engagement meeting. VASPs that are currently seeking registration are requested to engage with their current Central Bank contact point.
• Other existing regulated entities are requested to engage with their lead supervisor to arrange a CASP early engagement meeting.

• Firms that have no current Central Bank contact should engage with our Innovation Hub in the first instance.

• The full process for a CASP application will be dependent on the nature, scale and complexity of the firm and the extent of preparedness of the applicant.
•  In general, based on our experience, the best-prepared firms, willing to engage transparently in the authorisation process, proceed through the process more efficiently.
• It is important to distinguish between the pre-application engagement phase and the formal application phase.
• The pre-application engagement phase will gather the information required to allow the applicant firm proceed to the formal application process.
• Following receipt of a formal application for authorisation the Central Bank will be required to adhere to the timelines for assessment of the application set out in Article 63 of MiCAR.As with all applications, the length of the application process will be dependent on the quality of the application submitted and the engagement levels of the firm.
• The completeness of the application and the ability of the firm to engage in robust discussions on their proposal will have a critical impact on the authorisation timelines.

• The Central Bank is working with EU colleagues through supervisory coordination networks to build convergence around authorisation and supervisory expectations and processes.
•  The Central Bank’s expectations and processes were developed based on the MiCAR level 1 text and the supporting technical standards and guidelines that are currently nearing finalisation.

• The Central Bank expects that some of the existing VASP registered firms will seek to be authorised as CASPs under MiCAR.
•  There shall be no automaticity in moving from a VASP registration to a CASP authorisation.
• Consequently, VASPs seeking to become MiCAR authorised CASPs, must go through the full application process.As with all authorisations, an applicant will be subject to a robust assessment to ensure it will meet both its obligations under MiCAR and our supervisory requirements.
• Where there is a pre-existing relationship between the regulated entity and the Central Bank, all supervisory knowledge will be taken into account as part of any authorisation assessment.

• Article 143(6) MiCAR provides an option for Member States to apply, (for a limited period of 18 months), a simplified procedure for applications for an authorisation submitted by an entity that provides crypto-asset services.
• This simplified procedure is only applicable when the following conditions are fulfilled:
  • The entity was authorised to provide crypto-asset services under national law before 30 December 2024 and
  • A NCA ensures that Chapters 2 and 3 of Title V of MiCAR are complied with prior to granting any authorisation.
• Under the Anti-Money Laundering (AML)/Countering the Financing of Terrorism (CFT) framework, VASPs are registered, rather than authorised as prescribed under Article 143(6) MiCAR.
• Therefore, registration under the AML/CFT framework should not be considered as sufficient to qualify for the aforementioned simplified procedure.
• The VASP regime in Ireland is an AML/CFT framework and is a registration process and not an authorisation process. This VASP regime is not equivalent to MiCAR and is not sufficient for the simplified procedure envisaged in MiCAR.

• From 30 June 2024, MiCAR is applicable to issuers, offerors and persons seeking admission to trading of Asset–Referenced Tokens (ARTs) and Electronic Money Tokens (EMTs).
•  Accordingly, any person who is or is intending to commence any such ART or EMT activities should be mindful of the new requirements under MiCAR.
• In a recent statement, the EBA notes that stakeholders providing crypto-asset services for ARTs/EMTs should as soon as possible establish procedures to assess the compliance of those ARTs/EMTs with MiCAR.
• Furthermore, the EBA has said that such stakeholders should from 30 June 2024 refrain, from carrying out services that constitute offering to the public, seeking admission to trading or placing any ARTs/EMTs which are not compliant with MiCAR.
• The Central Bank expects that firms listing any stablecoins that are not compliant with MiCAR to implement these actions as soon as possible and they should aim to complete this work by year-end 2024.

• On 31 July 2024, ESMA issued an opinion to address the risks presented by global crypto firms seeking authorisation under MiCAR for part of their activities (crypto brokerage) while keeping a substantial part of their group activities (intra-group execution venues) outside the EU regulatory scope.ESMA recommends that NCAs are vigilant during the authorisation process and assess business structures of global firms to ensure that they do not bypass obligations established in MiCAR, to protect consumers and ensure transparent and orderly functioning of crypto markets.
• The opinion calls for a case-by-case assessment, outlining the specific requirements that should be met regarding best execution, conflicts of interest, the obligation to act honestly, fairly and professionally in the best interests of clients and the obligation relating to the custody and administration of crypto-assets on behalf of clients. 
• Please refer to the ESMA opinion for further details.

A CASP may provide crypto-asset services on a cross-border basis, subject to a CASP submitting complete information to its NCA, as specified below:

• A list of the Member States in which it intends to provide crypto-assets services;
• The crypto-asset services which it intends to provide on a cross-border basis;
• The starting date of the intended provision of the crypto-asset services; and
• A list of all of the other activities not covered by MiCAR which the CASP provides.

Please refer to Article 65 MiCAR for further details regarding the timing of the process.  

• The Code applies to regulated activities of regulated entities operating in the State including regulated financial service providers authorised in another EU or EEA Member State when providing services in the State on a branch or cross-border basis.
• The Code will apply in full to inward passporting CASPs/EMIs/CI/other RFSPs when they are providing crypto–asset services or when issuing or offering ARTs/EMTs.  This is except in instances where there is an overlap with an equivalent requirement contained in MiCAR or where a provision in the Code is not relevant due to the nature of the firm’s business model.
• An addendum to the Code was published in December 2024. The addendum sets out the relevant parts of the Code that applies to activities regulated under MiCAR.

The Code is under review at present. The revised Code will be published in 2025 and will be implemented in 2026. The revised Code will also apply to all activities regulated under MiCAR.

• Since the commencement of the VASP regime in April 2021, the experience of the Central Bank assessing applications for VASP licences has shown that a period of at least ten months is required to conclude the assessment of a VASP application.
• Furthermore, any applicant firm that is not registered and operating as a VASP by 30 December 2024 cannot avail of the transitional arrangements under MiCAR and will not be permitted to operate as a CASP until authorisation has been granted via the CASP authorisation process.
• Therefore, the Central Bank is advising applicant VASPs to pursue a CASP application.

• Where a VASP is registered and operating as a VASP by 30 December 2024, they may avail of the transitional arrangements under MiCAR, but as per the current regime, they will not have any passporting rights under the Irish VASP regime to provide their services in other jurisdictions.
• Any VASP not intending to apply for a MiCAR authorisation should establish clear wind-down plans and make arrangements to cease providing services by the end of the transitional period adopted by the Department of Finance.