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Germany’s Largest Federal Bank To Offer Crypto Custody to Institutional Clients: Report

Germany’s Largest Federal Bank To Offer Crypto Custody to Institutional Clients: Report

The largest federal bank in Germany, Landesbank Baden-Wurttemberg, is planning to offer cryptocurrency custody services in the second half of 2024, according to a new report. According to Bloomberg, Landesbank Baden-Württemberg is announcing a new partnership with Bitpanda to offer crypto custody services to institutional clients in the second half of 2024. According to the report, […]

The post Germany’s Largest Federal Bank To Offer Crypto Custody to Institutional Clients: Report appeared first on The Daily Hodl.

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Blockchain Space Continues to Evolve Even During Lean Periods, Says Michael Amar

Blockchain Space Continues to Evolve Even During Lean Periods, Says Michael AmarThe blockchain and crypto industry has never stood still including during the prolonged lean period known as the crypto winter, asserted Michael Amar, co-founder of the Paris Blockchain Week Summit. Amar believes the resilience shown by market participants during this period demonstrates a new level of maturity in the industry. Engagement Between Startups and Developers […]

Ark Invest Removes Staking Option From Latest Ethereum ETF Proposal

Makerdao Co-Founder Rune Christensen: Defi Frontends Might Need Licenses to Operate in Europe

Makerdao Co-Founder Rune Christensen: Defi Frontends Might Need Licenses to Operate in EuropeRune Christensen, a co-founder of the Makerdao project, has warned about the possible disruptions linked to hypothetical EU-wide requirements for defi fronteds to receive a license for operating. Christensen said this would decelerate the EU to the Stone Age, disrupting European defi access for less tech-savvy users. Makerdao Co-Founder Details Possible MiCA Disruptions in EU-Based […]

Ark Invest Removes Staking Option From Latest Ethereum ETF Proposal

Central Bank of Ireland Adds Ripple to List of Registered Virtual Asset Service Providers

Central Bank of Ireland Adds Ripple to List of Registered Virtual Asset Service Providers

Blockchain-based payments firm Ripple Labs can now provide certain digital asset services in Ireland. In a new statement, the San Francisco-based firm says the Central Bank of Ireland (CBI) has just granted its local subsidiary, Ripple Markets Ireland Limited, the license to operate as a Virtual Asset Service Provider (VASP). VASPs can carry out transactions […]

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Ark Invest Removes Staking Option From Latest Ethereum ETF Proposal

FTX collapse, Binance’s US settlement provide strong case for MiCA regulations

European Commission policy officer Ivan Keller highlights high-profile centralized exchange shortcomings as key reasons for the implementation of MiCA regulations in Europe.

The collapse of FTX in 2022 and Binance’s recent $4.3-billion settlement with United States authorities provide a strong argument for the provisions of the European Union’s Markets in Crypto-Assets (MiCA) legislation, a European Commission official said in an interview.

Ivan Keller, policy officer for the European Commission, spoke to Cointelegraph at the MoneyLIVE conference in Amsterdam. News of Binance’s high-profile settlement with the U.S. Department of Justice (DOJ) broke the night before Keller’s keynote and served as a pertinent reflection point for MiCA’s full-scale application in 2024.

“I think we’ve had several unfortunate confirmations that kind of go down that path of robust regulation. FTX was definitely one of the big ones, and now recently with Binance,” Keller explained.

“Our position is that this rule book would mitigate some of the risks and, importantly, give regulators more clear-cut levers and powers supervising these entities so they can also mitigate those risks.”

The policy officer also gave an updated view of the path toward MiCA’s full application across the European Union. Hailed as one of the first comprehensive cryptocurrency legal frameworks globally, the regulations set out by MiCA will apply to all EU member states.

Keller stressed that MiCA’s objective is to promote innovation while addressing the risks to consumers, market integrity, financial stability and monetary sovereignty. The scope of the regulations applies to issuers of crypto assets and crypto asset service providers and aims to tackle market abuse.

MiCA entered into force in June 2023, but the application of rules governing “asset-referenced tokens” and “e-money tokens,” which largely fall under the umbrella of stablecoins, is expected to take effect in June 2024.

After that, rules for “crypto-asset service providers,” which include trading platforms, wallet providers, and cryptocurrency exchanges and services, will take effect in December 2024.

A timeline of MiCA’s implementation through 2024. Source: Ivan Keller

Keller added that the European Securities and Markets Authority and European Banking Authority are drafting several technical standards covering a broad scope of considerations.

“There’s around 40 technical standards that are being drafted now. They already consulted the public on a good part of them, and that’s still ongoing. They will then finalize that and then send it to the commission as a draft,” Keller explained.

The commission will then receive finalized standards as a draft, which will need to be adopted into internal procedures. Co-legislators, parliament and the European Council will have a scrutiny period of two months.

“Hopefully, that will be finished before MiCA ‘level one,’ which is this phase for stablecoins, kicks into effect in June 2024.”

Keller also said that cryptocurrency service providers have been given ample time to digest the expectations laid out through the MiCA consultation process.

“It’s been a good 18 months since the text was negotiated. The proposal has been out for a lot of time, and a lot of these things are also kind of borrowed from the traditional rule book,” Keller said.

He added that a “grandfathering clause” in MiCA allows CASPs to continue operating under the applicable national rules of EU member states over a supplemental period. However, these operators would not be able to “passport” services across the European Union.

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Spain to implement MiCA six months ahead of July 2026 deadline

The country said EU crypto rules will come into force in December 2025, ahead of the general deadline for implementing MiCA for all 27 member states of the EU.

The Spanish Ministry of Economy and Digital Transformation reported that the first comprehensive European Union crypto framework, the Markets in Crypto-Assets (MiCA) Act, will come into force on a national level in December 2025.

As follows from the release published by the Ministry on Oct. 26, the first vice president of Spain, Nadia Calviño, has met with the president of the European Securities and Market Authority, Verena Ross, to discuss the government’s intention to advance the implementation of MiCA.

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The general deadline for implementing MiCA for all 27 member states of the EU is July 2026. It includes the 36-month transitional period given to the member states since the date of the publication of the MiCA in the Official Journal of the European Union in June 2023. Spain wants to shorten that transition period to 18 months. According to the release:

“[This] will provide legal certainty and greater protection for Spanish investors in this type of assets.” 

Meanwhile, large international crypto exchanges in Spain have been granted local licenses. In September, Coinbase secured an Anti-Money Laundering compliance registration from Spain’s central bank, and Kraken attained a virtual asset service provider registration. Earlier, in June, the same regulatory approval was granted to Crypto.com.

This month, Banco de España, Spain’s central bank, publicly joined a chorus of European banking institutions preparing their customers for the potential benefits of a digital euro. The bank claimed that the physical cash format “does not allow to exploit all the advantages offered by the growing digitalization of the economy and society.”

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European Banking Authority, ESMA issue crypto entity suitability guidelines

The joint guidelines include granting authorization for ART and CASP issuance and conducting prudential assessments for potential acquisitions.

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) on Oct. 20 jointly released a consultation paper featuring two drafts. These drafts encompass the assessment of the suitability of management body members and shareholders or members holding qualifying stakes in issuers of asset-referenced tokens (ARTs) and crypto-asset service providers (CASPs).

The proposed joint guidelines for evaluating the suitability of shareholders or members, whether direct or indirect, holding qualifying stakes in ART or CASP issuers, offer regulatory bodies a shared approach for assessing their suitability. This includes granting authorization for ART and CASP issuance and conducting prudential assessments for potential acquisitions.

However, the proposed joint guidelines for assessing the suitability of management body members in ART and CASP issuer firms offer standardized criteria for evaluating their knowledge, expertise, integrity and ability to dedicate adequate time to fulfill their responsibilities.

Screenshot of the consultation paper.             Source: The European Banking Authority

To nurture and safeguard the integrity of the cryptocurrency market and its associated services, and to instill trust, it is crucial to ascertain the suitability of both the management body members of ART and CASP issuers and individuals seeking to hold or acquire qualifying stakes in them.

The guidelines outlined in these drafts aim to offer clarity and standardization in evaluating the suitability of the management body, shareholders, and members holding qualifying stakes. This, in turn, aims to minimize the potential for rule application discrepancies and arbitrage as the consultation period will remain open until Jan. 22, 2024.

Related: European Banking Authority calls for early adoption of stablecoin standards

Anticipating forthcoming regulations, the European Union's banking regulator encouraged stablecoin issuers to voluntarily adhere to specific "guiding principles" related to risk management and consumer protection. The EBA unveiled its initial set of measures for public input on July 12, aiming to elucidate the requirements of the Markets in Crypto-Assets regulation (MiCA), which is slated to be enforced on June 30, 2024.

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Crypto investor protections won’t take effect in EU until late 2024

Crypto asset service providers may not benefit from full rights and protections afforded to them under MiCA until as late as July 2026, the ESMA said.

Cryptocurrency investors in Europe are not yet protected under European Union cryptocurrency asset market rules, and it will take some time for the protections to take effect.

On Oct. 17, Europe’s securities regulator, the European Securities and Markets Authority (ESMA), issued a statement about the transition to the European crypto regulations known as the Markets in Crypto-Assets Regulation (MiCA).

The ESMA emphasized that MiCA-based crypto investor protections will not come into effect until at least December 2024, meaning that investors must be prepared to lose all the money they plan to invest in crypto. The authority added:

“Holders of crypto-assets and clients of crypto-asset service providers will not benefit during that period from any EU-level regulatory and supervisory safeguards [...] such as the ability to file formal complaints with their NCAs [National Competent Authorities] against crypto-asset service providers.”

Even after December 2024, there is no guarantee investors will be fully protected by MiCA up to 2026. After MiCA becomes applicable to crypto asset service providers in late 2024, member states still have the option of granting crypto service providers an additional 18-month “transitional period” allowing them to operate without a license, which is also referred to as a “grandfathering clause.”

“This means that holders of crypto-assets and clients of crypto-asset service providers may not benefit from full rights and protections afforded to them under MiCA until as late as July 1, 2026,” the ESMA wrote. Most NCAs will have limited powers to supervise those who benefit from the transitional period, depending on local laws.

“In most cases, these powers are confined to those available under existing anti-money laundering regimes, which are far less comprehensive than MiCA,” the ESMA added.

Retail investors must be aware that there will be no such thing as a safe crypto asset even once MiCA is implemented, the authority stressed, adding:

“ESMA reminds holders of crypto-assets and clients of crypto-asset service providers that MiCA does not address all of the various risks associated with these products. Many crypto-assets are by nature highly speculative.”

The latest warnings from the ESMA come shortly after the regulator released a second consultative paper on MiCA on Oct. 5 after enforcing the regulations in June 2023.

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During the implementation phase of MiCA, the ESMA and other related authorities are responsible for consulting with the public on a range of technical standards that are expected to be published sequentially in three packages.

MiCA implementation timeline. Source: ESMA

Officially introduced in 2020, MiCA aims to provide legislation to regulate crypto assets in Europe by amending existing laws, specifically Directive 2019/1937. The groundwork of MiCA was initiated in 2018 due to the growing public interest in investing in cryptocurrencies.

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European regulator publishes second consultation on MiCA

The regulator will publish a final report based on feedback received and submit the draft technical standards to the European Commission by June 2024.

The European Securities and Markets Authority (ESMA), the European Union’s markets regulator, released a second consultative paper on Markets in Crypto-Assets (MiCA) mandates on Oct. 5. 

In the 307-page document, the ESMA seeks stakeholders’ input on five areas of MiCA, including sustainability indicators for distributed ledgers, disclosures of inside information, technical requirements for white papers, trade transparency measures and record-keeping for crypto-asset service providers (CASPs).

Among the sustainability indicators, the Authority counts quantitative metrics on the consumption of energy, greenhouse gas emissions and the production of waste, together with a qualitative statement on the impact of the use of equipment by blockchain network nodes on natural resources.

As for post-trade transparency, the ESMA proposes requiring CASPs to report trading and publication date and time, identification of the crypto-asset, pricing information, quantity, venue of execution and transaction ID. 

Related: European Banking Authority calls for early adoption of stablecoin standards

The ESMA also suggests allowing CASPs to store transaction data in “the format they consider most appropriate,” provided they are able to convert it into a specified format should the authorities request it. 

The regulator will publish a final report based on feedback received and submit the draft technical standards to the European Commission by June 30 2024. However, before that, it will also publish a third consultation package in Q1 2024.

The ESMA released the previous consultation paper in July. In it, the ESMA proposed to require the crypto companies, who would be registered under MiCA, to still provide additional information in the form of notifications to the national competent authorities (NCAs) of the country they would be registered in.

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