沈建光：欧盟加密资产监管的重点与影响

Core Viewpoint - The implementation of the Markets in Crypto-Assets Regulation (MiCA) in Europe starting in 2025 will significantly promote the compliant development of the global crypto asset market and lead to the formulation of regulatory policies in other countries, as well as the establishment of a global governance coordination system [1][2]. Group 1: Regulatory Framework - MiCA, officially released in June 2023, will fully come into effect on December 30, 2024, covering 27 EU member states and 3 EEA countries, addressing fragmentation and regulatory arbitrage in crypto asset regulation [1][3]. - MiCA categorizes crypto assets into three main types: Electronic Money Tokens (EMT), Asset-Referenced Tokens (ART), and Utility Tokens (UTs), with fully decentralized crypto assets excluded from regulation [3][4]. - The regulation provides detailed requirements for the definition, issuance, management, and anti-money laundering (AML) measures related to crypto assets, making it the most comprehensive crypto asset regulation globally [1][3]. Group 2: Issuer and Service Provider Requirements - All crypto asset issuers must prepare and publish a white paper, with exemptions for certain small issuances and qualified investors [5]. - ART issuers must be registered in the EU and obtain permission from national authorities, while EMT issuers must be authorized as electronic money institutions [8][9]. - MiCA outlines a broad range of activities for crypto asset service providers (CASP), requiring them to register and obtain authorization from relevant authorities [9][12]. Group 3: Capital and Asset Management - MiCA emphasizes capital regulation for crypto asset issuers, requiring ART issuers to maintain a minimum capital based on their issuance scale, while EMT issuers must meet specific capital requirements [10][11]. - The regulation mandates that reserve assets for ART must be isolated from the issuer's assets and managed by qualified institutions, ensuring priority for redemption in case of issuer insolvency [14][15][16]. Group 4: Anti-Money Laundering Measures - MiCA imposes comprehensive AML requirements on crypto asset transactions, including strict KYC procedures and transaction monitoring to prevent illicit activities [19][20]. - The regulation enhances the "travel rule" for crypto assets, requiring service providers to include sender and receiver information in transactions, with stricter thresholds than previous guidelines [20]. Group 5: Global Impact - The implementation of MiCA marks a shift from "free development" to "compliant competition" in the global crypto asset market, influencing the structure of market development and regulatory trends [21][22]. - MiCA is expected to serve as a reference for other countries in formulating their crypto asset regulations, promoting a standardized approach to governance [23][24]. - The regulation is anticipated to accelerate the establishment of a global governance coordination system for crypto assets, addressing the current fragmented regulatory landscape [25][26].