The EU's Markets in Crypto Assets (#MiCA) regulation has significant implications for different types of crypto-assets. MiCA does not apply to crypto-assets that qualify as financial instruments, such as transferable securities. These assets will continue to fall under the existing regulatory framework of MiFID II. Consequently, while tokenized securities will remain largely unaffected by MiCA, utility tokens and stablecoins will face significantly stricter regulatory requirements. MiCA imposes substantial new requirements on utility tokens and stablecoins, fundamentally changing how these assets can be issued and managed. Providers of services related to crypto-assets may need to obtain a Crypto-Asset Service Provider (CASP) license. Securing such a license would involve considerable financial and time investments. Therefore, the paradox we are seeing in the EU is that the complexity and high costs associated with legal compliance under MiCA could make issuing security tokens easier than issuing utility tokens and stablecoins. This is the opposite of what one might expect from using #blockchain technology, considering the initial ICO revolution started in 2017 was also tied to simplification and lower costs...
Francesco Piras, MiCA's approach seems to be a double-edged sword. While it aims to protect investors and ensure market stability, the increased complexity and cost for issuing tokens could hinder the very innovation blockchain technology was meant to democratize.
Shifting regulatory landscapes impact crypto-assets differently. Careful strategy is needed.