The following is a guest post from Mike Romanenko, CVO and co-founder of Kyrrex.
The European crypto landscape is on the cusp of a significant transformation with the introduction of the Markets in Crypto-Assets (MiCA) regulations. Mike Romanenko, CVO and co-founder of Kyrrex, foresees that it will present multiple opportunities and challenges for crypto players in European countries.
Expected changes after MiCA adoption
The adoption of MiCA in European countries marks a monumental shift for the crypto industry. For market players, this regulation introduces strict rules for various facets of the industry, including crypto exchanges, fund custody and customer verification processes. While these rules may seem quite cumbersome at first, they are intended to improve the security and transparency of crypto operations.
Most importantly, a primary goal of MiCA is to protect end users by ensuring companies adhere to transparent audit practices and maintain verifiable reserves. This need for transparency became especially apparent following the numerous collapses of major crypto companies since 2020 The crash of FTXwhich exposed the vulnerabilities and risks within the sector.
I believe that regulation will facilitate institutional investors’ access to the crypto market. By establishing clear and consistent rules, MiCA can help attract significant institutional and corporate funds, increasing market liquidity and stability. The situation mirrors the introduction of Bitcoin ETFs in the US, which allowed institutional investors to gain exposure to Bitcoin through regulated financial products.
The implementation challenge
Despite the long-term benefits, I never expected the initial implementation phase of MiCA to be easy. Europe currently has around 2,000 Virtual Asset Service Providers (VASPs), many of which are not rushing to comply with upcoming regulations. Local authorities will face significant pressure to quickly review and approve applications, leading to a potential backlog and operational delays.
Some countries, such as Malta and France, have already started aligning their regulations with MiCA, but overall willingness in Europe varies considerably. I expect this disparity could lead to a period of confusion and disruption as companies strive to meet the new standards.
The entire process is planned for three years, from June 2023 to July 2026, and includes the following phases:
- Entry into force of MiCA (June 2023).
- Deadline to waive the exception scheme or shorten the duration (June 2024).
- Accession to the MiCA application (December 2024).
- End of the transition phase (July 2026).
MiCA has the potential to significantly impact the cryptocurrency market within the EU. I would like to emphasize the following expected effects:
- Improved consumer protection. The goal of MiCA is to establish clear rules for crypto assets, giving investors better protection.
- Greater market integrity. By setting governance standards, MiCA aims to promote fair competition and prevent market abuse.
- Simplified cross-border operations. A harmonized regulatory ecosystem will make it easier for EU companies to operate across borders.
- Boost of innovations. The market infrastructure pilot regime for distributed ledger technology (DLT) could lead to more efficient blockchain-based financial systems.
I would say the most important aspect of MiCA is the new classification for crypto assets known as CASPs: crypto asset service providers. It includes exchanges, custodial wallet providers and trading platforms, which will require approval from national authorities. The classification aims to ensure that all entities offering crypto services comply with the same regulations.
Regulatory challenges and opportunities in the US and other countries
Unlike Europe, the US lacks a uniform regulatory framework for crypto assets, leading to great uncertainty. While Bitcoin is classified as a commodity, the status of other digital assets, such as Ethereum, remains ambiguous. Despite what I wanted to see, this lack of clarity complicates compliance and increases the risk of regulatory action against crypto companies.
However, there are many positive developments. The introduction of Money Transmitter Licenses (MTLs) for crypto exchanges has given companies the ability to legally operate in multiple states. A comprehensive federal regulation is still pending, and is unlikely to be addressed until after the upcoming elections.
Hopefully, the implementation of MiCA in Europe can serve as a valuable blueprint for other regions, including the US, UK, Turkey and India. I would like to see that in countries like India, where crypto is currently banned, a MiCA-inspired regulatory framework could pave the way for legalized and secure crypto operations. Similarly, Turkey has faced significant challenges in unregulated exchanges, leading to significant losses for investors. Who would have thought that adopting a structured regulatory approach could mitigate such risks and promote a healthier crypto ecosystem?
A leader in crypto regulation and compliance
Below are aspects of how leaders are calling for smart regulation for the crypto industry to reshape the European crypto market:
- Commitment to transparency. Regulated and compliant entities use blockchain technology within their centralized infrastructure, increasing transparency and efficiency. This approach is clearly reflected in the implementation of blockchain technology in internal transactions. Such integrations ensure that all operations are traceable and secure, in line with the strict standards expected of regulated companies.
- Strict monitoring of compliance. An important aspect of regulatory compliance is the monitoring system. It includes internal compliance teams and external auditors who conduct semi-annual reviews to ensure all regulatory requirements are met. A notable feature of the compliance infrastructure is the Live audit log server. It records all actions within the system, especially from the back office, and provides 24/7 access to external authorities for real-time monitoring. This system ensures that any irregularities are quickly detected and addressed, reinforcing the company’s commitment to transparency and security.
- Future-proofing through strategic investments. Strategic investments must go beyond compliance and focus on the integration of new technologies. By staying involved with current market trends, companies want to integrate the latest developments into their ecosystem. This approach not only improves their service offering, but also ensures that they remain at the forefront of developments in the sector.
- Extension of legal licenses. Companies are working to obtain additional regulatory licenses to expand their service offerings. One of their objectives is to obtain the Markets in Financial Instruments Directive (MiFID) license, which will allow them to offer regulated derivatives trading in Europe. This move is poised to address a significant gap in the market and provide a transparent and compliant platform for futures and perpetual trading.
- Global market adjustment. Outside Europe, companies are also looking to the US market, despite current regulatory uncertainties. By obtaining Money Transmitter Licenses (MTL) in several states, they plan to strategically expand their presence in the US. This expansion underlines their commitment to navigating complex regulatory landscapes to provide safe and compliant services worldwide.
- Innovating for the future. The long-term vision includes developing a comprehensive financial super app, integrating a wide range of services within one platform. Companies are keen to optimize blockchain technology to reduce transaction costs and improve the overall user experience, further driving adoption.
Conclusion
The implementation of MiCA represents an important step towards establishing a secure and transparent crypto market in Europe. While I expect the transition to be challenging, the long-term benefits of better regulation, greater institutional investment and greater market stability are significant.
Furthermore, MiCA’s framework could serve as a model for other regions looking to effectively regulate their crypto markets. As the global crypto industry continues to evolve, the lessons learned from the European regulatory journey will be invaluable in shaping the future of digital assets worldwide.
As the cryptocurrency industry matures, the importance of robust regulatory compliance cannot be overstated.
