Regulatory Update Drives Uniform Supervisory Practices
The Cyprus Securities and Exchange Commission (CySEC) has officially incorporated several guidelines from the European Securities and Markets Authority (ESMA) that impact crypto-asset service providers (CASPs) under the Markets in Crypto-Assets Regulation (MiCA). With this initiative, CySEC’s circular outlines detailed expectations regarding transfer services, reverse solicitation, and portfolio management activities related to crypto-assets.
Clear Directives For Transfer Services
Issued on February 26, 2025, the ESMA guidelines on transfer services are grounded in Article 82(2) of MiCA. They are designed to instill consistency and efficiency within the European financial supervision system while reinforcing a uniform approach to applying MiCA’s provisions. Furthermore, the guidelines delineate robust procedures and client rights measures intended to heighten investor protection for CASPs involved in transferring crypto-assets.
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Enhanced Transparency In Reverse Solicitation
CySEC also highlighted ESMA’s guidelines on reverse solicitation, introduced on December 17, 2024. Although these guidelines primarily target competent authorities, they serve as a critical reference for both existing and prospective CASPs. The circular draws attention to specific paragraphs and illustrative examples that elucidate circumstances under which a third-country firm might be deemed to be soliciting clients within the European Union.
Standardizing Portfolio Management Requirements
The third set of guidelines, released on March 26, 2025, addresses portfolio management activities. Based on Article 81(15) of MiCA, these standards require CASPs to adhere to defined requirements regarding the suitability of crypto-asset advice and the formatting of periodic statements. This move is aimed at fostering consistent application of several MiCA provisions, thereby ensuring that supervisory practices remain effective across the board.
Implementation Timeline And Executive Endorsement
All three sets of guidelines will take effect 60 calendar days following their publication on ESMA’s website in all official EU languages. The endorsement of these measures by CySEC Chairman George Theocharides underscores the sector’s commitment to transparency, regulatory coherence, and enhanced investor protection in the rapidly evolving crypto market.