MiCA Recital (78) — preamble

MiCA Recital (78) — preamble (78) Certain firms subject to Union legislative acts on financial services should be allowed to provide all or some cryptoasset services without being required to obtain an authorisation as a crypto-asset service provider under this Regulation if they notify their competent authorities with certain information before providing those services for the first time.

In such cases, those firms should be deemed to be crypto-asset service providers and the relevant administrative powers provided in this Regulation, including the power to suspend or prohibit certain crypto-asset services, should apply with respect to them.

Those firms should be subject to all requirements applicable to crypto-asset service providers under this Regulation with the exception of authorisation requirements, own funds requirements and the approval procedure  regarding shareholders and members that have qualifying holdings, as those matters are covered by the respective Union legislative acts under which they were authorised.

The notification procedure for credit institutions intending to provide crypto-asset services under this Regulation should be without prejudice to the provisions of national law transposing Directive 2013/36/EU that set out procedures for the authorisation of credit institutions to provide the services listed in Annex I to that Directive.

32023R1114

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