Art. 1 Definitions | Criteria for significance classification | MiCA

This is a definitions article, establishing the precise meaning of two key terms used throughout the regulation.

It anchors the regulation's scope by defining "financial institution" through an extensive list of entity types drawn from existing EU financial services legislation, and by defining "relevant period" by direct reference to Article 43(2) of Regulation (EU) 2023/1114 (MiCA).

This article therefore serves as the interpretive foundation for the assessment criteria and indicators set out in the subsequent articles.

Important points:

The definition of "financial institution" is broad, covering nine distinct entity types ranging from credit institutions and investment firms to insurance undertakings and institutions for occupational retirement provision.
The definition of "relevant period" is not self-contained — it draws its meaning entirely from Article 43(2) of MiCA (Regulation (EU) 2023/1114), meaning that regulation must be consulted to determine the applicable timeframe.
Both definitions directly inform the calculations and assessments the EBA is required to carry out under Articles 2 and 3 of this regulation.

For the purposes of this Regulation, the following definitions shall apply:

‘financial institution’ means any of the following:
1. a credit institution;
2. an investment firm;
3. an electronic money institution;
4. a payment institution;
5. a UCITS management company;
6. an alternative investment fund manager;
7. an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(²);
8. a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;
9. an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341 of the European Parliament and of the Council(³);
‘relevant period’ means the period referred to in Article 43(2), point (a), of Regulation (EU) 2023/1114, or the period referred to in Article 43(2), point (b), of that Regulation.