by Andria PapageorgiouESMA’s Opinion on Ensuring Consistent Application of MiCA for Crypto-Asset Brokers
The European Securities and Markets Authority (ESMA) issued an opinion on 31/7/2024, to support the consistent application of the Markets in Crypto-Assets Regulation (MiCA) across the European Union.
Here are the key points from the opinion, useful for a blog post:
1. Legal Framework and Background:
- MiCA Overview: MiCA, published in June 2023, establishes obligations for crypto-asset issuers and service providers, aiming to enhance investor protection, market integrity, and financial stability.
- Importance of Trading Platforms: Trading platforms, particularly Multifunction Crypto-asset Intermediaries (MCIs), are pivotal in the crypto ecosystem. The collapse of FTX highlighted the potential risks posed by these platforms.
2. Regulatory Arbitrage Concerns:
- MCIs and EU Market Access: Some MCIs may try to bypass EU regulations by structuring their businesses to maintain access to EU clients without fully adhering to MiCA, leading to regulatory arbitrage and an unlevel playing field.
- Reverse Solicitation: MiCA allows third-country firms to provide services to EU clients only if initiated by the client, known as “reverse solicitation.” ESMA stresses this should be narrowly applied to prevent circumvention of MiCA regulations.
3. Supervisory Guidance and Practices:
- Assessment of Business Models: ESMA advises national competent authorities (NCAs) to scrutinize the business models of crypto firms, ensuring they comply with MiCA and do not exploit regulatory loopholes.
- Conflict of Interest: MCIs must manage conflicts of interest, especially when offering both brokerage and trading platform services. NCAs should ensure these conflicts are adequately managed to protect clients’ interests.
- Best Execution: EU brokers must ensure the best possible execution of client orders, considering various factors like price, costs, and execution speed. Reliance on a single non-EU execution venue without proper justification is discouraged.
4. Custody and Administration of Assets:
- Custody Rules: EU brokers must ensure that non-EU execution venues do not take custody of EU clients’ assets, complying with MiCA’s stringent custody requirements.
ESMA is committed to promoting common supervisory approaches across the EU, and developing new tools and forums to ensure the effective application of MiCA. This proactive stance aims to foster a secure and transparent crypto-asset market, benefitting both investors and market participants.
At Andria Papageorgiou Law Firm, we specialize in navigating the complex regulatory landscape of the crypto-asset market. Our experienced legal team can provide comprehensive guidance on MiCA compliance, helping your organisation adapt to the new regulations effectively. Whether you need assistance with authorization processes, managing conflicts of interest, or ensuring best execution practices, we are here to support you.
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouThe Future of Prop Trading Regulation: An Industry in Transition
The rising popularity of proprietary trading firms, where traders use the firm’s capital to trade, has drawn the scrutiny of global regulators. Recent reports indicate that the European Securities and Markets Authority (ESMA) and other regulatory bodies are conducting preliminary reviews and consultations to understand the implications of prop trading and potentially introduce regulations. This move aims to enhance transparency and investor protection within the industry. While some jurisdictions, like Belgium, have taken a firm stance, the overall regulatory landscape remains uncertain, with further clarity expected by the end of the year.
In Europe, proposed regulations may require prop trading firms to be authorized under the Markets in Financial Instruments Directive (MiFID), aligning their operations with broader financial regulatory frameworks. Industry experts anticipate that new rules could enforce stricter operational requirements and transparency, potentially treating some aspects of prop trading similarly to financial services.
The regulatory drive is partly fueled by high-profile enforcement actions and growing concerns over the unregulated nature of many prop trading activities, which often operate on demo accounts. The lack of regulation has led to numerous firms entering the market, some of which have faced allegations of unethical practices, such as denying payouts.
As the industry evolves, it remains to be seen how regulators will balance the need for oversight with the innovative nature of prop trading. Stakeholders are advised to stay informed and prepared for impending regulatory changes.
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
For further details, please refer to the original articles on Finance Magnates.
by Andria PapageorgiouAI Act Set to Come into Force on 1 August 2024
The countdown to compliance with the Artificial Intelligence Act (“AI Act”) has started. Signed into law on June 13, 2024, the AI Act was set for publication in the EU Official Journal on July 12, 2024, and will enter into force on August 1, 2024.
Background
The AI Act establishes a legal framework aimed at achieving human-centric AI, protecting health, safety, and fundamental rights from the harmful effects of AI, while promoting innovation.
Scope of the AI Act
The AI Act applies to all stakeholders in the AI value chain, including AI providers (such as those of general-purpose AI, or “GPAI”), users, importers, distributors, manufacturers, and authorized representatives. Exemptions exist for AI systems used in scientific research, military, defense, or international cooperation, provided fundamental rights safeguards are in place.
Extra-Territorial Scope
The AI Act has extra-territorial reach, impacting organizations inside and outside the EU. It applies to entities placing AI on the EU market, using AI outputs within the EU, or providers of AI systems and general AI models outside the EU, who must appoint an EU-based representative.
Risk Categories
The AI Act adopts a risk-based approach, with regulations varying based on the severity and likelihood of harm:
- Prohibited: AI systems for social scoring, cognitive behavioral manipulation, biometric categorization.
- High: AI in employment, credit decisions, health/life insurance risk assessment.
- GPAI: Large language models like ChatGPT.
- Limited: Chatbots.
- Minimal: Spam filters, video games.
High Risk Providers
High-risk AI system providers must adhere to various obligations:
- Risk management systems
- Data governance
- Technical documentation
- Record-keeping
- Transparency
- Human oversight
- Accuracy, robustness, and cybersecurity
- Quality management systems
- Documentation and log generation
- Cooperation with authorities
- Displaying the CE Mark
- Registering with the EU database
GPAI Providers
GPAI providers must prepare technical documentation, copyright policies, and publish training data. They may adhere to voluntary codes of practice for compliance. GPAI systems posing systemic risks must undergo model evaluation, ongoing assessment, risk mitigation, and incident reporting.
User Obligations
AI users have fewer obligations but must ensure staff have AI literacy. Users of high-risk AI must implement technical and organizational measures, human oversight, monitoring, and data protection impact assessments. Transparency rules apply to AI systems creating deep fakes or involving emotion recognition.
Enforcement
The EU AI Office will regulate the AI Act’s implementation, supported by the AI Board and national supervisory authorities. National authorities will oversee enforcement, appointing a public authority to supervise fundamental rights.
Fines
The AI Act imposes significant fines:
- Up to €35 million or 7% of annual global turnover for breaches of prohibited AI provisions.
- Up to €15 million or 3% of annual global turnover for other breaches.
- SME fines will consider economic viability, applying the lower of the percentages or amounts mentioned.
SME Support
Special provisions help SMEs boost innovation:
- Priority access to AI regulatory sandboxes free of charge.
- Tailored training on the AI Act.
- Information and templates for documentation.
- Simplified technical documentation for high-risk AI system providers.
Timeline
Key dates for compliance:
- November 1, 2024: Identify and notify the Commission of the national public authority for fundamental rights.
- February 1, 2025: Scope, definitions, and prohibited AI systems provisions apply.
- August 1, 2025: GPAI, penalties, and EU governance provisions apply.
- August 1, 2027: Safety components and specific high-risk products (Annex I) provisions apply.
Future Developments
The AI Act is part of the EU’s broader legal approach, including the proposed AI Liability Directive and the Product Liability Directive, addressing procedural rules for civil claims and compensation for defective AI systems.
What to Do Now
Organizations should proactively:
- Identify AI used in the business and the applicable risk category.
- Implement an AI governance framework with policies, staff training, and vendor due diligence.
- Communicate compliance measures to stakeholders.
Developing an AI compliance program is time-consuming, and businesses must start early to meet the deadlines. Detailed guidance will take months to emerge, so a risk-based approach and benchmarking against industry practices are essential in the meantime.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouA practical guide on CySEC Regulatory Sandbox
The Cyprus Securities and Exchange Commission (CySEC) has taken a significant leap forward with the launch of its Regulatory Sandbox. This initiative builds upon CySEC’s ongoing dialogue with market participants and experts since the inception of the Innovation Hub. The Regulatory Sandbox aims to strike a balance between fostering technological innovation, ensuring investor protection, and maintaining market integrity.
Overview & Objectives
CySEC’s Regulatory Sandbox is designed to provide a controlled testing environment where both regulated and unregulated firms can trial their technologically innovative solutions. The primary objectives are to build a transparent channel of cooperation between entities developing tech-based solutions in the financial services sector and to ensure that the regulatory landscape evolves with technological advancements. This initiative is poised to enhance CySEC’s understanding of innovative technologies and facilitate continuous regulatory adaptation to new market developments.
Why Join the CySEC Regulatory Sandbox?
Participation in the Sandbox offers an unparalleled opportunity for firms to test their innovative products and services on a small scale within a controlled environment. Under CySEC’s close monitoring and guidance, participants will receive constructive feedback on how the regulatory framework applies to their innovations. This guidance can prove invaluable in refining products to meet regulatory standards and achieving successful market entry.
Eligibility Criteria
The CySEC Regulatory Sandbox is open to regulated and unregulated entities engaging in financial innovation through technology. To participate, unregulated entities must:
- Obtain prior CySEC authorization for the regulated services they intend to engage in.
- Test innovative solutions solely within their corporate group or use any other exemption provided under the applicable framework.
- Perform demo services.
- Enter into a collaboration agreement with a CySEC-regulated entity.
It is important to note that the Sandbox is not a space for “light touch” regulation. Any unregulated entities providing regulated services must secure CySEC authorization before participating.
Additionally, applicants must ensure their proposed innovative solution:
- Directly or indirectly facilitates activities within CySEC’s supervisory scope.
- Introduces authentic innovation in terms of product, service, or business model.
- Is ready for testing in a production environment.
- Benefits the financial services industry.
The Four Phases of the Sandbox
- Application Phase: Interested firms must complete and submit the application form available on CySEC’s website. CySEC will assess applications based on the eligibility criteria and inform applicants of the results within 6-8 weeks.
- Preparation Phase: Successful applicants will collaborate with CySEC to agree on specific testing parameters, which will be documented in a testing agreement. A dedicated case officer will be assigned to guide the participant through the testing phase, with a communication and reporting plan established.
- Testing Phase: Lasting typically six months, this phase allows participants to conduct small-scale testing of their innovative solutions within a controlled environment. CySEC will monitor progress and compliance through interim reports submitted by participants.
- Evaluation/Exit Phase: After testing, participants must prepare a comprehensive exit report analyzing the test’s milestones and key performance indicators. These reports, which reflect participants’ views on the testing process, will be used by CySEC for internal assessment and feedback.
Conclusion
The CySEC Regulatory Sandbox represents a significant advancement in fostering financial innovation while ensuring regulatory compliance and market integrity. By providing a structured and supportive environment, CySEC is enabling firms to develop and refine innovative financial solutions that can meet the challenges of tomorrow’s financial landscape.
For any professional assisstance, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouCySEC launches its regulatory sandbox
The Cyprus Securities and Exchange Commission (CySEC) has successfully launched its Regulatory Sandbox during an online event held on the 11th of June 2024. This initiative marks a significant milestone in the advancement of financial, regulatory, and supervisory technologies (FinTech, RegTech, and SupTech) in Cyprus.
The Regulatory Sandbox is a crucial step in promoting responsible innovation in the financial services sector. Dr. George Theocharides, Chairman of CySEC, highlighted the importance of this initiative: “With the introduction of the Regulatory Sandbox, we are taking another major step in fostering responsible innovation in the financial services sector. Our goal is to support the development of cutting-edge solutions that meet technological advancements, without compromising market integrity and investor protection.”
Event Highlights
The virtual launch event attracted over 500 stakeholders from the financial sector, including representatives from regulatory bodies, financial institutions, and technologically innovative firms. Attendees were briefed on the Sandbox’s operational framework and the potential benefits for market participants.
The event underscored CySEC’s commitment to striking a balance between technological innovation, investor protection, and market integrity. Building upon CySEC’s ongoing dialogue with market participants and experts since the launch of the Innovation Hub, CySEC has established the Regulatory Sandbox to support this balanced approach.
Objectives of the Regulatory Sandbox
The Regulatory Sandbox aims to:
- Build a transparent channel of cooperation between entities developing technology-based solutions in the financial services falling within CySEC’s supervisory mandate and CySEC.
- Ensure that the regulatory landscape evolves in line with technological developments in the financial services sector.
Designed for both regulated and unregulated firms, the CySEC Regulatory Sandbox allows companies to test their technologically innovative solutions and/or products related to financial activities subject to CySEC’s supervision. This controlled, time-bound testing environment will enhance CySEC’s understanding of innovative technologies and facilitate continuous regulatory adaptation to new market developments.
Participation and Benefits
For firms interested in participating, the Regulatory Sandbox offers a unique opportunity to develop and refine their products while ensuring compliance with regulatory standards. This initiative not only supports innovation but also helps maintain the integrity and safety of the financial market.
Participants in the Sandbox will benefit from:
- Direct engagement with CySEC to ensure their solutions meet regulatory requirements.
- A structured environment to test and validate new technologies and business models.
- Insights and feedback from CySEC to improve their products and services.
For more information on the Regulatory Sandbox and how to participate, please visit the Cyprus Securities and Exchange Commission’s website.
Conclusion
The launch of CySEC’s Regulatory Sandbox is a pivotal development for the financial services sector in Cyprus. By providing a supportive environment for innovation, CySEC is helping to drive technological advancement while safeguarding market integrity and investor protection. This initiative is set to position Cyprus as a leader in financial innovation and regulatory excellence.
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouESMA’s Final Report on Greenwashing
The Final Report on Greenwashing by ESMA was published on 4/6/2024, in response to the European Commission’s request, outlines the risks associated with greenwashing and the role of supervision in mitigating these risks. Here is a summary of the report:
- Introduction and Background:
- Greenwashing refers to the practice of making misleading claims about the environmental benefits of a product, service, or company practices.
- The European Commission (EC) requested input from the European Supervisory Authorities (ESAs) to address greenwashing risks and supervise sustainable finance policies.
- The report builds on the findings from the Progress Report and explores how supervision can mitigate greenwashing risks.
- Key Findings:
- National Competent Authorities (NCAs) are prioritizing the supervision of sustainability-related claims.
- A risk-based approach is being implemented, focusing resources on significant risks.
- Greenwashing can occur at various levels: entity level (sustainability strategy), product level (sustainability performance), and service level (financial advice).
- Supervision Enhancement:
- The report identifies actions for NCAs, ESMA, and the EC to enhance supervision across key sectors of the Sustainable Investment Value Chain (SIVC), including issuers, investment managers, investment service providers, and benchmark administrators.
- A pathway for enhancing supervision is suggested, emphasizing the importance of building supervisory capacities and tools.
- Recommendations:
- Market participants should ensure substantiated sustainability claims and clear, non-misleading communication of sustainability information.
- Recommendations include adapting governance and processes, building expertise, upgrading data infrastructure, and ensuring comprehensibility for consumers.
- Regulatory Framework:
- The report recommends improvements to the EU regulatory framework to better address greenwashing risks.
- Supervisors should leverage their mandate to protect investors and ensure the proper application of sustainability-related requirements.
- Conclusion:
- Addressing greenwashing is crucial for maintaining trust in sustainable finance markets.
- The report outlines a forward-looking view on enhancing supervision to ensure that sustainability-related claims are credible and trustworthy.
The Final Report emphasizes the need for robust supervision and regulatory measures to prevent greenwashing and ensure transparency in sustainability-related claims
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouDORA: Why it is relevant & why is it relevant to you?
The Digital Operational Resilience Act (DORA) is a significant development in EU regulation, compelling financial entities to ensure consistent cybersecurity and operational resilience maturity levels across all their operations within the EU. With a two-year preparatory phase, organizations face a significant task of implementation and demonstration of compliance.
To navigate this transition effectively, financial institutions must conduct comprehensive gap assessments to gauge their readiness vis-à-vis DORA, identifying areas necessitating further investment and prioritization. Proactively addressing these gaps positions businesses to meet more complex requirements such as supply risk management, threat intelligence, and advanced security testing, thus gaining a competitive edge in the market.
DORA marks a substantial shift for entities under ESMA or EIOPA supervision and banks already subject to existing EBA guidelines on banking supervision. Moreover, it extends its scope to encompass previously less regulated stakeholders in the financial sector, including crypto-asset service providers, intermediaries managing alternative investment funds, crowdfunding service providers, cloud-service providers, and ICT third-party service providers.
One of DORA’s key focuses is on third-party risk management, necessitating entities to ensure the resilience of their critical ICT third-party service providers. This requires close collaboration and joint efforts to satisfy regulatory expectations, particularly in supporting the delivery of essential business services.
DORA officially entered into force at the beginning of 2023, initiating a two-year implementation period. Financial entities are thus expected to achieve compliance with the regulation by early 2025. As this deadline approaches, proactive engagement with DORA compliance becomes essential to avoid penalties and maintain operational continuity.
In light of these developments, Andria Papageorgiou Law Firm is committed to assisting organizations in navigating the complexities of DORA compliance. With our outsourced DPO services and regulatory compliance consulting, tailored to address the specific requirements of DORA, we ensure that businesses are well-equipped to meet regulatory obligations and uphold operational resilience in an evolving digital landscape.
Contact us today at info@apapageorgiou.com to learn more about how we can support your journey toward DORA compliance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as financial or investment or legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouCySEC Circular on EBA Guidelines: Enhancing Anti-Money Laundering Measures for Crypto-Asset Service Providers
We would like to draw your attention to Circular C640 (the “Circular”), issued by the Cyprus Securities and Exchange Commission (the “CySEC”) on the 26th of April 2024, for the purposes of informing Regulated Entities, as these defined therein, about European Banking Authority’s Guidelines amending Guidelines EBA/2021/02 on customer due diligence and the factors credit and financial institutions
should consider when assessing the money laundering and terrorist financing risk associated with individual business relationships and occasional transactions under Articles 17 and 18(4) of Directive (EU) 2015/849 – Guidance to crypto-asset service providers to effectively manage their exposure to ML/TF risks
On January 16, 2024, the European Banking Authority (EBA) extended its Guidelines on ML/TF risk factors to CASPs, signifying a significant stride in the EU’s efforts to combat financial crime. The new Guidelines (EBA/GL/2024/01) underscore ML/TF risk factors and mitigating measures that CASPs need to adopt, recognizing the potential abuse of CASPs for illicit financial activities.
The risks associated with CASPs are manifold, ranging from the rapidity of crypto-asset transfers to the anonymity features embedded in certain products, heightening the susceptibility to ML/TF activities. Hence, CASPS must grasp these risks comprehensively and implement effective measures to mitigate them.
The amended Guidelines serve to equip CASPs with a framework for identifying these risks, offering a non-exhaustive list of factors indicating exposure to varying levels of ML/TF risk. By leveraging these risk factors, CASPs can gain insights into their customer base and pinpoint areas of vulnerability, thereby fine-tuning their mitigating measures, including the use of blockchain analytics tools.
Recognizing the interconnectedness of the financial sector, the Guidelines extend guidance to credit and financial institutions with CASPs as clients or exposure to crypto assets. This risk is exacerbated when institutions engage with unregulated crypto-asset service providers.
In essence, these Guidelines foster a unified understanding of ML/TF risks associated with CASPs and outline the requisite steps for CASPs and other financial institutions to manage these risks effectively. The amended Guidelines will come into effect on December 30, 2024.
In line with its overarching supervisory approach, CySEC urges all Regulated Entities to adhere to the Guidelines and demonstrate the appropriateness of their AML/CFT policies, controls, and procedures in light of identified ML/TF risks, thus ensuring robust measures to combat financial crime.
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as financial or investment or legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouHow to Register with CySEC as a Crypto Asset Service Provider (CASP)?
The Cyprus Securities and Exchange Commission (CySEC) functions as the autonomous regulatory body overseeing the investment services market, collective investment, asset management sectors, as well as crypto-asset activities within and beyond the Republic of Cyprus. CySEC’s mission is to position the Cyprus securities market as a premier destination for investment, renowned for its security, reliability, and attractiveness.
Acting as the national authority responsible for Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT), CySEC governs Crypto-Asset Services Providers (CASP) offering services within or from Cyprus.
On September 13th, 2021, the CySECreleased a Policy Statement concerning the Registration and Operations of CASP. This statement details the registration criteria and offers further guidance on the process for becoming a registered CASP.
Submission of an application for registration in the Register of CASP:
For a complete application, the below information will be needed:
- The name, trade name, legal form and legal entity identifier of the CASP;
- the physical address of the CASP;
- the services provided and/or the activities that the CASP may carry out as defined below.
- the website of the CASP.
- the crypto-assets’ addresses of the CASP;
- the crypto-assets in relation to which the CASP provides services or exercises activities;
- the types of clients the CASP services;
- information as to whether the CASP offers payment services in crypto-assets;
- information as to whether the CASP operates crypto-assets ATMs, the number and the exact location thereof;
- the geographic jurisdictions in which the CASP operates; and
- information as to whether the CASP is registered or supervised in any other jurisdiction.
The documents and data are submitted in the official language of the Republic or in English and are originals or, where this is not possible, they are true copies of the originals. In case that the documents and data are produced in a language other than the official language of the Republic or in English, their true translation is also submitted.
List of Forms and Questionnaires for registration:
- Form 188-01: Application for CASP Registration and for Amendment of Registration;
- Form 188-02: Personal Questionnaire for CASP Beneficiaries – Natural Persons;
- Form 188-03: Personal Questionnaire for CASP Beneficiaries who are Legal Persons;
- Form 188-04: Personal Questionnaire for CASP Beneficiaries who are Trusts;
- Form 188-05: Personal Questionnaire for Persons Holding a Management Position;
- Form 188-06: List of Persons Holding a Management Position;
- Form 188-07: NotificationForm for EEA CASPs.
Crypto Asset Services:
Crypto Asset Service Providers are able to operate through varying business models due to the different combinations of crypto-asset activities and services that can be generated, based on the company’s business plan and vision. CASP are categorised into three classes according to the crypto-asset services offered:
| CASP Class | Crypto Asset Services |
|---|---|
|
Class 1
|
• Provision of investment advice
|
| Class 2 | • Provision of investment advice
And/or any of the below: • Reception and transmission of client orders
|
| Class 3 | • Provision of investment advice
And/or any of the below: • Reception and transmission of client orders Plus any of the below: • Administration, transfer of ownership, transfer of site, holding, and/or safekeeping, including custody, of crypto assets or cryptographic keys or means enabling control over crypto assets |
Initial Capital Requirements:
The initial capital requirements differ depending on the various classes of CASPs, as outlined in the table provided below.
| CASP Class | Initial Capital Requirements |
|---|---|
| Class 1 | 50,000 EUR |
| Class 2 | 125,000 EUR |
| Class 3 | 150,000 EUR |
Board of Directors:
In the case of the Board of Directors, the Board of Directors of the applicant is comprised of at least 4 persons who meet certain requirements (i.e. good reputation, experience, skills, etc.), 2 of which must direct the business activities of the CASP and 2 must be independent members.
Required Policies:
- Business Plan;
- Anti-Money Laundering Manual;
- Internal Operations Manual (IOM);
- Travel Rule Book;
- Remuneration Policy;
- Corporate Governance (if not included in the IOM);
- Business Continuity Plan and Disaster Recovery Policy;
- Outsourcing Policy (if not included in the IOM);
- Accounting Procedures (if not included in the IOM);
- Risk Management Policy;
- IT and Security Policies;
- Complaints’ Handling Policy;
- Legal Documents which will be accessible and available at all times on the website of the CASP licensed entity (i.e. Terms and Conditions).
Applications Fees:
Fees payable to the Cyprus Securities and Exchange Commission for the examination of the registration application are standard and independent of the services intended to be offered. The fee is 10,000 EUR. Where the application for the CASP registration is approved the CASP is not required to pay any additional fees to CySEC for the first year of its registration.
Annual Fees:
Annual fees payable to the Cyprus Securities and Exchange Commission for the renewal of the CASP registration for one year, are standard and independent of the services offered by the CASP. The applicable fee is 5,000 EUR from year 2 onwards.
Licensing Timeframe:
Although the relevant regulatory framework specified that CySEC shall inform the applicable within 6 months from the submission of a fully completed application, in our experience, the CASP registration procedure can be concluded in 12 months, in anticipation of CySEC’s varying workload and the applicant’s preparedness on reverting back with the information and documents requested.
Andria Papageorgiou Law Firm:
Our Firm comprises top-tier professionals dedicated to assisting both new and established CASPs offering crypto asset services in or from Cyprus with their registration process. Our team handles everything from gathering the necessary information to preparing and submitting a complete application package to CySEC, ensuring a smooth and efficient registration process on your behalf.
Once your registration is completed, our Firm stands ready to collaborate closely with you to ensure compliance with all regulatory obligations. We offer a wide array of post-registration services tailored to your specific needs.
Furthermore, for EEA-established CASPs already registered with their national competent authority, we assist in submitting the requisite notification form to CySEC, along with the necessary evidence regarding crypto asset services conducted or intended to be conducted in Cyprus.
It’s worth noting that our Law Firm has extensive experience in CASP registration, having successfully achieved the registration of a CASP-licensed entity, placing among the first 10 entities with a CASP license.
Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as financial or investment or legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouWhy Utilise a Family Office?
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.