Marcus Mølleskov’s Post

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Chief Risk & Compliance Officer (CRCO) @ Januar

🌟 Navigating the Interplay Between MiCA and PSD2 🌟 The European crypto and fintech landscape is at a pivotal moment as the European Commission and the European Banking Authority (EBA) address critical overlaps between the Markets in Crypto-Assets Regulation (MiCA) and the Payment Services Directive (PSD2). 🚀 📃 Key Issues Highlighted by the European Commission: 1️⃣ When is a Payment Institution (PI) License Required? Under MiCA, crypto-asset service providers (CASPs) managing e-money tokens (EMTs)—stablecoins tied to the value of an official currency—may be required to also comply with PSD2 if they facilitate payment services. For example: • Transfers of EMTs between users (e.g., peer-to-peer payments). • Using EMTs for payments to merchants or third parties. • Offering custodial wallets that allow users to send and receive EMTs to/from others. These activities often blur the line between payment services and crypto-asset services, potentially requiring dual authorisation as both a CASP and a Payment Institution (PI) under PSD2. 2️⃣ Unclear Boundaries for Crypto Services: If CASPs engage in activities like exchanging crypto-assets for fiat or other crypto-assets without acting as intermediaries between payers and payees, they may not require a PI license. However, the lack of harmonized interpretations among EU Member States creates confusion, increasing the risk of regulatory arbitrage or non-compliance. 3️⃣ Regulatory Burdens on Innovation: The broad definitions under PSD2 can inadvertently capture activities not primarily intended as payment services, such as EMTs used solely for trading or investment purposes. This creates unnecessary administrative and compliance burdens for CASPs and national authorities. 4️⃣ Call for Clarity and Simplification: The EC has urged the EBA to issue a “no action letter” to temporarily ease dual licensing requirements for CASPs handling EMTs, especially where these tokens are not used for payments. Additionally, the EC suggests streamlining authorisation processes where dual licensing is unavoidable. 💡 How Januar Can Help: At Januar, we are a regulated Payment Institution under PSD2—and perhaps the only one in the EU exclusively dedicated to serving the crypto industry. 💼 If your business provides services involving EMTs or payments alongside crypto operations, here’s why you should connect with us: • We ensure you remain compliant with PSD2 while continuing your operations seamlessly. • We specialize in supporting crypto businesses navigating these complex regulatory frameworks. • Whether it’s payment accounts, custody, or ramping, we can help you. 🖇️ Let’s Talk: If you’re unsure whether your activities require a PI license or how MiCA and PSD2 regulations might impact your business, reach out to us at www.januar.com. We’re here to help safeguard your operations and unlock new opportunities. #Crypto #Fintech #Regulation #MiCA #PSD2 #Compliance #Innovation

Januar: Unlock Financial Services for Your Crypto Business

Januar: Unlock Financial Services for Your Crypto Business

januar.com

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