Breaking news

CySEC Adopts ESMA Guidelines For CASPs Under MiCA

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.

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.

Cyprus Foreclosure Reform Debate Intensifies Amid Rising Non-Performing Loans

Political Stakes And Foreclosure Regulation

Cypriot political parties are engaging in a high-stakes debate in parliament as they deliberate changes to the legal framework governing foreclosures ahead of the May parliamentary elections. The proposed shifts are aimed at curbing the rapid escalation in the value of non-performing loans, a trend that has sparked significant public and legislative concern. Confidential data from the Central Bank of Cyprus indicates that the nation has not yet moved away from its longstanding issues related to so-called “red loans.”

Non-Performing Loans: A Mounting Financial Challenge

Recent figures show that the value of distressed loans has continued to rise, surpassing €20 billion following transfers involving banks and credit recovery companies. This level exceeds the approximately €15 billion recorded during the economic crisis period. Central Bank data indicates that after loan sales, credit recovery firms now manage portfolios totaling €19.7 billion, of which €18.5 billion are classified as non-performing. About 87% of these loans are considered terminated, while the firms acquired 141,478 loans for €3.2 billion, roughly 80% below their original value.

Credit Recovery Companies: Overshooting Investment Returns

By June, credit recovery companies had recovered €5.7 billion through a combination of cash repayments, judicial asset auctions and property-for-debt exchanges. Cash repayments accounted for €3.6 billion, judicial recoveries contributed €619 million, and property swaps added €1.5 billion. These recoveries exceeded the original purchase cost of many loan portfolios while overall balances continued to increase due to accrued interest, a development that remains a concern for policymakers.

Bank Portfolios And The Impact On Financial Stability

Data from the State Guarantee Fund for Deposits and Loans shows that 77,561 loans valued at €7.5 billion were transferred, leaving a remaining balance of €5.7 billion by June 2025, of which €5 billion are non-performing. Within the banking sector, non-performing loans totaled €1.45 billion across 24,736 accounts as of last June. Since December 2024, these figures have improved by approximately €86 million due to repayments and asset recoveries. The reduction in problematic loans has lowered bank exposure compared with levels recorded during the 2013 crisis.

Legislative Proposals And Government Considerations

Political leaders argue that adjustments to foreclosure procedures can be introduced without undermining banking stability. Parliament’s Economic Committee is scheduled to begin discussions on March 9, with an estimated 20 to 30 legislative proposals currently pending from multiple parties. While the Ministry of Finance has not announced immediate legislative action, officials are evaluating the potential reintroduction of elements of the Rent-Versus-Rate plan for vulnerable borrowers, subject to fiscal impact assessments.

Advocacy From AKEL And Environmental Groups

Proposals supported by the AKEL party and several civil organizations focus on strengthening legal protections for borrowers. Among the suggested measures is restoring the right to seek judicial relief to delay foreclosures in cases involving disputed charges or alleged abusive contract clauses. AKEL representative Aristos Damianou criticized the pace of foreclosure proceedings and warned of risks to primary residences and small businesses.

Proposals Targeting Guarantors And Foreclosure Processes

The Democratic Rally party has introduced a proposal aimed at limiting guarantor liability during foreclosure procedures. Under the draft measure, if a property is auctioned or repossessed, the guarantor’s responsibility would be capped at the original loan amount adjusted by recovered sums. The proposal also requires that enforcement actions against guarantors be suspended until a court ruling is issued if the borrower formally disputes the debt.

Revisions Proposed By The Democratic Party of Cyprus

The Democratic Party is also preparing new legislative measures to be introduced on Thursday. Party leader Mario Karogian outlined plans to suspend the foreclosures of primary residences valued up to €350,000 until the end of the year, allowing time to address legislative gaps. Additional proposals include broadening the powers of the Financial Ombudsperson to make binding decisions on disputes up to €50,000, enforcing the Central Bank’s code of conduct, and ensuring strict adherence to refinancing guidelines for first residences.

Outlook And Strategic Implications

The range of proposals reflects an ongoing effort to balance financial system stability with stronger consumer protections. Decisions made in the coming months are expected to shape the regulatory environment for foreclosures and influence broader confidence in Cyprus’ financial sector and economic outlook.

Uol
eCredo
The Future Forbes Realty Global Properties
Aretilaw firm

Become a Speaker

Become a Speaker

Become a Partner

Subscribe for our weekly newsletter