MiCA Scope and Exclusions

Asset

MiCA’s scope regarding crypto-assets centers on instruments representing a financial right with potential for transfer, storage, and execution of rights, encompassing utility tokens where they confer such rights. The regulation distinguishes between asset-referenced tokens (ARTs) pegged to other assets, and e-money tokens (EMTs) referencing the value of fiat currencies, applying distinct requirements to each. Excluded are non-fungible tokens (NFTs) that do not fall within the definition of a transferable security or e-money, and crypto-assets falling under existing financial services legislation, such as those already regulated as transferable securities.