The EU MiCA Directive – chances and risks from a compliance perspective

Fabian Maximilian Johannes Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

Journal of Money Laundering Control, 2023, vol. 27, issue 2, 275-283

Abstract: Purpose - This study aims to review the current EU approach to regulating crypto assets. It highlights the key points, opportunities and risks of the MiCA regulation, which is designed to provide a comprehensive regulatory framework for digital assets in the EU. Design/methodology/approach - To do so, the authors extensively reviewed the literature and reports from several advisory and watchdog bodies and international organizations. Findings - Although MiCA is an ambitious piece of legislation, there are still many unresolved issues and questions that the new regulation raises. Controversially several items have also been excluded from the MiCA regulations, including decentralized finance, non-fungible tokens unless they qualify under the existing cryptocurrency categories, as well as central bank digital currencies. Originality/value - This study also addresses the Liechtenstein Token Act Regulation, which is considered to have served as a model for the EU MiCA Directive and the regulation of cryptocurrencies at the European level.

Keywords: The EU MiCA Directive; Key risks; Liechtenstein; TVTG (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-02-2023-0030

DOI: 10.1108/JMLC-02-2023-0030

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