| ESMA delivers opinion on global crypto firms using their non-EU execution venues
July 31, 2024--The European Securities and Markets Authority (ESMA), the EU's financial markets regulator and supervisor authority, issued today an Opinion to address the risks presented by global crypto firms seeking authorisation under the Markets in Crypto Assets (MiCA) Regulation for part of their activities (crypto brokerage) while keeping a substantial part of their group activities (intra-group execution venues) outside the European Union (EU) regulatory scope. |
| ESMA recognises risks associated with global crypto firms' complex structures where execution venues fall outside of the scope of MiCA. Such structures may include the involvement of an EU-authorised broker effectively routing orders to an intra-group execution venue based outside the EU, potentially leading to diminished consumer protection and to an unlevel playing field with EU-authorised execution venues.
Considering these risks ESMA recommends National Competent Authorities (NCAs) to be vigilant during the authorisation process and to assess business structures of global firms to ensure that they do not bypass obligations established in MiCA, to protect consumers and ensure transparent and orderly functioning of crypto markets. |
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