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How to register a CASP ?

How to register a CASP ?

To operate legally as a Crypto-Asset Service Provider (CASP) within the European Union, entities must secure authorisation from the relevant national authority, as mandated by the Markets in Crypto-Assets (MiCA) regulation. MiCA regulation introduces licensing requirements for certain unregulated entities, while others already under regulation may need to notify the competent authority of their activities (Article 60 MiCA).

Specifically, in Luxembourg, entities aiming to provide crypto-asset services must follow a structured pathway to obtain the necessary authorisation under MiCA guidelines (Article 62 (1) MiCA).

 

Step-by-step process for CASP registration in Luxembourg

For entities aspiring to become a recognised Cryptocurrency Asset Service Provider (CASP) in Luxembourg, adherence to the comprehensive framework set out by the Markets in Crypto-Assets (MiCA) regulation is essential. The process encompasses several critical stages:

  1. Establishment and Incorporation: Candidates must be incorporated as a legal entity in Luxembourg and have a company registration number. This step comes before the necessary compliance with MiCA regulations and entails registering with Luxembourg's financial regulator, the Commission de Surveillance du Secteur Financier (CSSF), obtaining a MiCA licence, and meeting tax obligations.

  2. CSSF Registration: Following incorporation, the next move is to apply for CASP registration with the CSSF. This body ensures CASPs meet the stringent standards outlined in the MiCA regulation, thereby fostering transparency, security, and reliability in crypto-asset services.

  3. MiCA Compliance and Licensing: Achieving compliance with MiCA standards is crucial. Post-compliance, applying for and obtaining a MiCA license from the CSSF authorises your CASP to operate within Luxembourg, affirming its adherence to EU regulations.

  4. Ongoing Compliance and Reporting: Registration is not the endpoint. CASPs must maintain meticulous financial records, submit periodic reports to the CSSF, and stay abreast of evolving regulations to ensure continued compliance and operational legality.

Ensuring compliance: A strategic imperative

While the path to CASP registration in Luxembourg is delineated by specific steps, entities must recognise the importance of tailoring their compliance strategy to meet unique operational needs. Engaging with regulatory guidelines thoroughly ensures not just compliance but also positions a CASP as a credible and trustworthy service provider in the crypto-asset space.

Given the dynamic nature of financial regulations, particularly in the burgeoning field of crypto-assets, ongoing vigilance and adaptability to new laws and guidelines are paramount for CASPs. Entities are advised to engage in continuous dialogue with legal advisors and the CSSF to navigate the regulatory landscape successfully.

This strategic approach to CASP registration under the MiCA framework ensures entities can offer crypto-asset services within Luxembourg and the broader EU market, leveraging compliance as a cornerstone for growth and innovation in the digital assets domain.

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