- Question ID
-
2024_7185
- Legal act
- Regulation (EU) No 2023/1114 (MiCAR)
- Topic
- Scope and definitions (MiCAR)
- Article
-
3
- Paragraph
-
1
- Subparagraph
-
12
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
N/A
- Name of institution / submitter
-
Kramer Levin LLP
- Country of incorporation / residence
-
France
- Type of submitter
-
Law firm
- Subject matter
-
Scope of public offering
- Question
-
"Question: Regarding ARTs or EMTs under MiCAR, what services provided in or into the EU constitute an offering to the public, a seeking admission to trading or a placing of an ART or EMT?
- Background on the question
-
Background:
In a public statement of 5 July 2025 on the application of MiCAR to ARTs and EMTs the EBA highlighted that "stakeholders ... should refrain, as from 30 June 2024, from carrying out services that constitute offering to the public, seeking admission to trading or placing non-compliant ARTs/EMTs". Though as such helpful, the statement still does not provide full legal clarity. Is the EBA of the view that, as from 30 June 2024, crypto-asset exchanges are under the obligation to delist non-compliant ARTs and EMTs?" - Submission date
- Status
-
Question under review
- Answer prepared by
-
Answer prepared by the European Commission because it is a matter of interpretation of Union law.
