Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 1 Subject matter
Summary What does Article 1 of the MiCA regulation say?
This is the foundational article of MiCA, establishing the regulation's subject matter and scope.
It sets out that the regulation creates a single, uniform rulebook covering the entire lifecycle of crypto-assets within the EU, from issuance and public offering through to trading and the provision of related services.
Rather than targeting one narrow aspect of the crypto market, the article signals that MiCA is a comprehensive framework touching issuers, offerors, and service providers alike, with the stated goals of transparency, consumer protection, and market integrity running throughout.
Important points:
- The regulation covers three distinct categories of crypto-asset: general crypto-assets, asset-referenced tokens, and e-money tokens, each subject to its own requirements.
- Issuers and offerors of crypto-assets are subject to transparency and disclosure requirements covering issuance, public offering, and admission to trading.
- Measures to prevent insider dealing, unlawful disclosure of inside information, and market manipulation apply across crypto-asset markets to ensure their integrity.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
This Regulation lays down uniform requirements for the offer to the public and admission to trading on a trading platform of crypto-assets other than asset-referenced tokens and e-money tokens, of asset-referenced tokens and of e-money tokens, as well as requirements for crypto-asset service providers.
In particular, this Regulation lays down the following:
transparency and disclosure requirements for the issuance, offer to the public and admission of crypto-assets to trading on a trading platform for crypto-assets (‘admission to trading’);
requirements for the authorisation and supervision of crypto-asset service providers, issuers of asset-referenced tokens and issuers of e-money tokens, as well as for their operation, organisation and governance;
requirements for the protection of holders of crypto-assets in the issuance, offer to the public and admission to trading of crypto-assets;
requirements for the protection of clients of crypto-asset service providers;
measures to prevent insider dealing, unlawful disclosure of inside information and market manipulation related to crypto-assets, in order to ensure the integrity of markets in crypto-assets.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
official currency
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
Definition
consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
crypto-asset service provider
Definition
crypto-asset
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DLT network node
Definition
funds
Definition
client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology