Title V: AUTHORISATION AND OPERATING CONDITIONS FOR CRYPTO-ASSET SERVICE PROVIDERS | Chapter 1

Article 59

Authorisation of crypto-asset service providers

1.   A person shall not provide crypto-asset services, within the Union, unless that person is: (a) a legal person or other undertaking that has been authorised as crypto-asset service provider in accordance with Article 63; or (b) a credit institution, central securities depository, investment firm, market operator, electronic money institution, UCITS management company, or an alternative investment fund manager that is allowed to provide crypto-asset services pursuant to Article 60. 2.   Crypto-asset service providers authorised in accordance with Article 63 shall have a registered office in a Member State where they carry out at least part of their crypto-asset services. They shall have their place of effective management in the Union and at least one of the directors shall be resident in the Union. 3.   For the purposes of paragraph 1, point (a), other undertakings that are not legal persons shall only provide crypto-asset services if their legal form ensures a level of protection for third parties’ interests equivalent to that afforded by legal persons and if they are subject to equivalent prudential supervision appropriate to their legal form. 4.   Crypto-asset service providers authorised in accordance with Article 63 shall at all times meet the conditions for their authorisation. 5.   A person who is not a crypto-asset service provider shall not use a name, or a corporate name, or issue marketing communications or undertake any other process suggesting that it is a crypto-asset service provider or that is likely to create confusion in that respect. 6.   Competent authorities that grant authorisations in accordance with Article 63 shall ensure that such authorisations specify the crypto-asset services that crypto-asset service providers are authorised to provide. 7.   Crypto-asset service providers shall be allowed to provide crypto-asset services throughout the Union, either through the right of establishment, including through a branch, or through the freedom to provide services. Crypto-asset service providers that provide crypto-asset services on a cross-border basis shall not be required to have a physical presence in the territory of a host Member State. 8.   Crypto-asset service providers seeking to add crypto-asset services to their authorisation as referred to in Article 63 shall request the competent authorities that granted their initial authorisation for an extension of their authorisation by complementing and updating the information referred to in Article 62. The request for extension shall be processed in accordance with Article 63.

Related Technical Standards & Guidelines

Regulatory Technical Standards (RTS)

  • RTSESMAIn force
    CASP Authorisation RTS

    Specifies the information to be provided in applications for authorisation as a crypto-asset service provider.

    Commission Delegated Regulation (EU) 2025/305

  • RTSESMAIn force
    Complaints Handling RTS

    Requirements, templates and procedures for handling complaints by crypto-asset service providers.

    Commission Delegated Regulation (EU) 2025/294

  • RTSESMAIn force
    CASP Conflicts of Interest RTS

    Specifies requirements for policies and procedures on conflicts of interest for crypto-asset service providers.

    Commission Delegated Regulation (EU) 2025/1142

  • RTSESMAIn force
    Record-Keeping RTS

    Specifies the records to be maintained by CASPs including format and retention period.

    Commission Delegated Regulation (EU) 2025/293

  • RTSESMAIn force
    Client Disclosure RTS

    Specifies disclosure requirements for risks, costs, charges and pricing to clients.

    Commission Delegated Regulation (EU) 2025/302

Implementing Technical Standards (ITS)

  • ITSESMAIn force
    CASP Authorisation Forms ITS

    Standard forms, templates and procedures for CASP authorisation applications.

    Commission Implementing Regulation (EU) 2025/413

Guidelines

  • GuidelinesESMAIn force
    Systems & Security Guidelines

    Guidelines on operational resilience, systems maintenance and security protocols for CASPs.

Questions & Answers

  • Q&AESMAIn force
    Staking Services

    Clarifies that staking services require CASP authorisation for custody. Staking-as-a-service is ancillary to custody services under Article 75.

  • Q&AESMAIn force
    Transfer Services Scope

    Clarifies when crypto-asset transfer offered as part of custody or execution services should be regarded as a component of such services.

  • Q&AESMAIn force
    CASP Agents

    MiCA does not provide a regulatory framework for agents. A CASP cannot designate agents to provide crypto-asset services on its behalf.

  • Q&AESMAIn force
    Proprietary Trading

    Clarifies whether firms dealing on own account with crypto-assets require a CASP license. Answer provided by European Commission.

  • Q&AESMAIn force
    Copy Trading Services

    MiFID II guidance on copy trading applies mutatis mutandis to MiCA. CASPs must assess which service(s) are triggered on case-by-case basis.

  • Q&AESMAIn force
    Service Classification (RTO vs Exchange)

    NCAs should assess operational reality, not just CASP's self-classification. Distinguishes reception/transmission of orders from exchange services.

Related Recitals (Preamble)

Recitals provide interpretive context and policy rationale for the legislative provisions.

(73)
CASP regulation rationale

Summary: In most Member States, the provision of crypto-asset services is not yet regulated despite the potential risks that they pose to investor protection, market integrity and financial stability.

(74)
CASP EU establishment requirement

Summary: In order to enable effective supervision and to eliminate the possibility of evading or circumventing supervision, crypto-asset services should only be provided by legal persons that have a registered...

(76)
National competent authority powers

Summary: Given the relatively small scale to date of crypto-asset service providers, the power to authorise and supervise such service providers should be conferred upon national competent authorities.