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18 October 2023

ESMA Issues Second Consultation Package Under MiCA

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Ganado Advocates

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Ganado Advocates is a leading commercial law firm with a particular focus on the corporate, financial services and maritime/aviation sectors, predominantly servicing international clients doing business through Malta. The firm also promotes other areas such as tax, pensions, intellectual property, employment and litigation.
The European Securities and Markets Authority (ESMA) has just published its Second Consultation Package under the Markets in Crypto-Assets Regulation (MiCA).
European Union Technology
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The European Securities and Markets Authority (ESMA) has just published its Second Consultation Package under the Markets in Crypto-Assets Regulation (MiCA). Crypto-asset issuers, crypto-asset service providers (CASPs), financial entities dealing with crypto-assets and any other interested stakeholders have been asked to provide feedback in respect of the second consultation package by 14 December 2023.

MiCA requires ESMA to develop various regulatory technical standards (RTS), implementing technical standards (ITS) and guidelines in co-operation with ESMA. This Second Consultation Package includes six draft RTS and two draft ITS on the following matters:

  • the content, methodologies and presentation of sustainability indicators on adverse impacts on the climate and the environment (RTS);
  • the measures that CASPs must take to ensure continuity and regularity in the performance of services (RTS);
  • the pre- and post-trade transparency data to be made public (RTS);
  • the content and format of order book records (RTS);
  • record-keeping by crypto-asset service providers (RTS);
  • the data necessary for the classification of white papers (RTS);
  • the standard forms and templates for the crypto-asset white paper (ITS);
  • the technical means for appropriate public disclosure of inside information (ITS).

ESMA should issue the third and final consultation package under MiCA in Q1 2024.

You may access our previous publications on MiCA at the links below:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
18 October 2023

ESMA Issues Second Consultation Package Under MiCA

European Union Technology

Contributor

Ganado Advocates is a leading commercial law firm with a particular focus on the corporate, financial services and maritime/aviation sectors, predominantly servicing international clients doing business through Malta. The firm also promotes other areas such as tax, pensions, intellectual property, employment and litigation.
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