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AML & Financial Services Regulatory

European Union: Crypto Regulation – MiCA Takes its (Near) Final Shape

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In brief

In October 2022, the Council of the EU published the long-awaited compromise text of the proposed Regulation on Markets in Cryptoassets (MiCA), a “landmark regulation” that, according to the Council, will “put an end to the crypto wild west”. Although political agreement was reached at the end of June 2022, negotiations carried on through technical discussions on the text over the summer, resulting in a number of changes from the political agreement in the final compromise text. 

Once in force, MiCA will establish the first comprehensive, pan-EU regulatory regime for the regulation of cryptoassets, including the regulation of (i) cryptoassets issuance activities and (ii) cryptoasset service providers (who will be held to similar regulatory standards to those imposed on investment firms). The European Parliament vote on the text, originally expected to take place in December 2022, will now not take place until February 2023. That is expected to result in a delay to the entry into force of MiCA whilst also giving those interested in this area more time to study the detail of the 380-page text.

In this briefing, we highlight MiCA’s main provisions and some of the key changes coming out of the compromise text when compared with earlier versions.

To learn more about MiCA and other developments in the crypto space, join us for Crypto Boot Camp 2022, our virtual seminar series providing insights on how the regulatory landscape is changing and discussing the future of crypto within the financial services sector. Click here to register.

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Mark heads the Financial Services & Regulatory (FSR) practice group in London and co-leads the FinTech group. He also acts as Chair of the FSR practice for the EMEA region and sits on the Global FSR Steering Committee. Mark is ranked as a Leading Individual in Legal 500 2022 for Financial Services (Non-Contentious Regulatory) and is individually ranked in Chambers 2022 for FinTech. He is described in these publications as being "very knowledgeable" and "very approachable" with "a wonderful range of FinTech experience" and as someone who is "clear, commercial and pragmatic and understands all the issues in detail." He has authored a number of articles and contributions for leading journals and other publications, most notably the Journal of International Banking and Financial Law, the International Guide to Money Laundering Law and Practice, and A Practitioner's Guide to the Law and Regulation of Financial Crime.

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Sarah Williams is an associate in the financial services practice in London. Sarah advises a broad range of clients on financial services legal and regulatory issues. Sarah's practice includes advising on the regulation of payment services and electronic money, investment firms and consumer credit providers and anti-money laundering compliance issues.

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Kimberly Everitt is Baker McKenzie's knowledge lawyer for Financial Services Regulation & Enforcement, covering the EMEA region, and brings over a decade of experience to the team in both knowledge and fee-earning roles. Prior to joining Baker McKenzie, Kim held roles specializing in contentious financial services regulation knowledge, and her fee-earning roles covered non-contentious regulation in the private equity and general financial services sectors.

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Tim Alferink is a partner within the Financial Services & Regulation team in the Amsterdam Banking & Finance practice with over 18 years of experience. He focuses on financial markets regulations, financial products and financial markets transactions. Tim primarily works for financial institutions, ranging from international financial conglomerates to fintech start-ups. In his practice, Tim benefits from his broad experience as attorney-at-law, in-house legal counsel and Big Four legal consultant.

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Iris Barsan joined Baker McKenzie in October 2019 after practicing as a lawyer in a Franco-German law firm. Prior to that, Iris worked for several years in the legal department of the Prudential Control and Resolution Authority and as a financial lawyer in a French banking group (insurance and investment banking). Iris holds a doctorate in French and German law, an LL.M. from the University of Cologne and is a former student of the ENA (Willy Brandt promotion). In addition to her practice as a lawyer, Iris is an assistant professor at the University of Paris XII. She teaches company law (French, European and comparative), European business law, financial regulation and personal data and new technologies law.

Author

Paula De Biase heads the Fintech and Financial Services Regulation (FSR) Group in Spain, including also the Funds practice. She also sits in the Global FSR Steering Committee of the Firm and acts as co-lead of the FSR practice for the EMEA region.
With more than 15 years' experience in financial regulation, she has advised national and international clients in various areas of the financial services sector: payment services, fund management, investment services, consumer credit and other banking and insurance services, including Fintech initiatives and other online and mobile solutions.
Paula has taught Banking Law in the Master's programmes of several universities: the International Legal Consultancy degree at IE; the International Law, Foreign Trade and International Relations degree at ISDE; the Business Law degree at the Universidad de Navarra, and the Venture Capital and Entrepreneurship degree at INCARI/Rafael del Pino Foundation.
She is individually ranked in Chambers 2023 for FinTech and Financial Regulation. She is described in these publications as "an excellent lawyer: she is expert in all things FinTech, regulatory and payments. She has a deep understanding of financial regulation in Spain and has considerable experience dealing with regulatory authorities there. Her advice is always considered, comprehensive and most importantly practical and commercially focused."

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Dr. Manuel Lorenz joined Baker McKenzie in 1999 and currently serves as Head of German Financial Services Regulatory Practice. Dr. Lorenz has been admitted as a lawyer in Germany since 1991 and in England and Wales since 1996. In addition to his practice, Dr. Lorenz lectures at the Institute for Law and Finance at the Johann Wolfgang Goethe University in Frankfurt am Main.

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Catherine Martougin is a partner in the Funds & Asset Management team of the Baker McKenzie Luxembourg office. She has more than 20 years' experience in business law. Prior to joining the Firm, she practiced in elite international law firms in Paris and Luxembourg.

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Eugenio Muschio handles the regulatory and debt capital market work in Italy. He has extensive experience in the financial, banking and insurance sectors, as well as in capital markets transactions, with a particular focus on the debt sector (EMTN, standalone bonds, liability management, both domestic and Euro market).

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