As the European Union ushers in a new era of digital finance, the regulatory landscape for crypto-assets has become more structured and harmonised under the Markets in Crypto-Assets Regulation (MiCAR), fully applicable since December 30, 2024
For digital asset service providers offering tokens that do not qualify as Asset-Referenced Tokens (ARTs) or E-Money Tokens (EMTs), this presents both a significant opportunity and a complex compliance challenge.
We support persons wishing to offer such crypto-assets via one of the most prestigious jurisdictions- Germany, in meeting the regulatory obligations under (MiCAR). Our services are tailored to ensure full compliance with German law and BaFin requirements.
We take a comprehensive and pragmatic approach to service delivery, ensuring you have the strongest possible foundation to achieve your goals.
White Paper Compliance Assessment
Evaluation of the White Paper & development of a notification strategy aligned with Article 8 MiCAR followed by
strategic drafting of the White Paper to meet MiCAR standards
Legal Review of the White Paper
Comprehensive legal analysis to ensure compliance with German law and MiCAR provisions working with experienced German legal counsels
Preparation of Article 8(4) Summary
Drafting a two-page explanation of the crypto-asset in accordance with Article 8(4) MiCAR
Legal Review of Marketing Communication
Ensuring all promotional materials are fair, clear, and compliant with MiCAR standards
Full coordination and submission of the White paper and supporting documents to BaFin
Handling the notification process in line with Article 8 MiCAR
Please reach us here if you cannot find an answer to your question.
You may need to comply, even if your business is based outside the EU.
The EU AI Act has extraterritorial scope, meaning it applies not only to organisations established within the EU, but also to those outside the EU, including UK organisations, if the AI systems that they use or develop are either placed on the EU market; used within the EU, or produce outputs that affect individuals in the EU. So, if you are a UK company selling your product in the EU, and that product is generated with the help of AI, you are in scope of the AI Act.
To classify a crypto-asset as neither an Asset-Referenced Token (ART) nor an E-Money Token (EMT), issuers must provide a clear explanation in the White Paper. This explanation should demonstrate that the asset:
The European Banking Authority (EBA) published standardised templates and guidelines to help issuers correctly classify their crypto-assets
No, prior approval is not required. Under Article 8(3) of MiCAR, competent authorities cannot require pre-approval of the crypto-asset white paper or related marketing communications. However, the white paper must be notified to the competent authority of the home Member State at least 20 working days before publication, along with the necessary classification explanation and list of host Member States.