The Roles of the Lawyer for CASP License (Crypto-Asset Service Provider)
Lawyer for CASP MiCA License: Your lawyer ensures compliance with the MiCA regulation when intending to offer crypto-asset services to the public. Whether you are new to the crypto-asset service market or an existing PSAN (Digital Asset Service Provider) looking to comply with the MiCA regulation, your lawyer assists you. They manage the drafting of internal documentation related to legal compliance and support you in dealings with other necessary parties for obtaining the license, including the IT service provider essential for meeting MiCA’s cybersecurity requirements.
The law firm of Maître Jonathan POUGET, lawyer and Doctor of Law, advises and defends your interests regardless of your geographical location. The firm acts with dedication and competence, taking all necessary measures to protect, enhance, and preserve your rights and financial interests. Email: jonathan@pouget-avocat.fr / Tel: 0607625574.
I. Determining Whether CASP License is Required for Your Company
If you provide one or more crypto-asset services listed under the MiCA regulation, you must apply for a CASP license before starting any activity. The crypto-asset services include:
a) Custody and administration of crypto-assets on behalf of clients;
b) Operation of a crypto-asset trading platform;
c) Exchange of crypto-assets for funds;
d) Exchange of crypto-assets for other crypto-assets;
e) Execution of orders on crypto-assets on behalf of clients;
f) Placement of crypto-assets;
g) Reception and transmission of orders on crypto-assets on behalf of clients;
h) Provision of advice on crypto-assets;
i) Provision of portfolio management services on crypto-assets;
j) Provision of crypto-asset transfer services on behalf of clients.
Your lawyer for CASP license will analyze the specifics of your activity to determine if your company requires a CASP license under the MiCA regulation. If affirmative, they will undertake the necessary steps to obtain this license.
II. Preparing the CASP License Dossier – Lawyer for CASP License
A) Complying with the Legal Requirements of the MiCA Regulation
Your lawyer for CASP license handles the drafting of internal documentation necessary to comply with MiCA’s legal requirements.
These requirements are multiple and, non-exhaustively, include:
- Drafting an anti-money laundering and counter-terrorist financing plan (risk classification, internal policy, internal control plan, etc.);
- Drafting a conflict of interest prevention and management plan (risk mapping, internal policy, internal control plan, etc.);
- Developing a business continuity plan;
- Establishing an orderly cessation of activities plan;
- Structuring an internal policy and procedure for the custody of crypto-assets;
- Drafting an order execution policy;
- Implementing a control and evaluation program;
- Establishing a complaint handling and recording mechanism;
- Etc.
Your lawyer for CASP license is competent to draft all this documentation, whether you are a startup or an already operating company.
B) Complying with the Cybersecurity Requirements of the MiCA Regulation
Cybersecurity is an essential element in preparing the MiCA license dossier. MiCA’s cybersecurity requirements must be implemented by a specialized IT service provider. This could be a provider registered as PASSI on the ANSSI lists.
Your lawyer’s role here is to inform the IT provider about the applicable cybersecurity requirements.
Your lawyer also provides details about the crypto-asset services envisaged by the company.
Your lawyer can connect you with several IT service providers capable of ensuring your company’s compliance with MiCA’s cybersecurity requirements.
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Your lawyer is competent to handle any other requests related to the MiCA regulation, Blockchain, and new technologies in general. They can also intervene to protect interests relevant to your private life.
Avocat pour agrément CASP
Contacter le cabinet
0607625574
