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MiCA Crypto Compliance Consulting 2026: Ongoing CASP Compliance Guide

Published 8 August 2026 · Last reviewed 17 October 2026 · Buckingham Capital Consulting
Contents
  1. MiCA CASP compliance at a glance
  2. Where MiCA stands in 2026
  3. Conduct, marketing and client information
  4. Governance and sound management
  5. Prudential safeguards after authorisation
  6. Client crypto-assets and client money
  7. Custody providers: operating controls
  8. Trading platforms
  9. Exchange, execution and order handling
  10. Advice, portfolio management and staff competence
  11. Complaints handling
  12. Conflicts of interest
  13. Outsourcing and accountability
  14. DORA alongside MiCA
  15. The EU Travel Rule
  16. AML and sanctions
  17. Market abuse rules for crypto markets
  18. Records, reporting and the compliance calendar
  19. Placing and transfer services
  20. Orderly wind-down planning
  21. The first year after authorisation
  22. A practical ongoing compliance programme
  23. Frequently asked questions
Key takeaways
  • MiCA transitional periods ended on 1 July 2026, so every CASP now operates under full MiCA supervision by its home regulator.
  • A CASP holds the higher of its class minimum (€50,000, €125,000 or €150,000) and one quarter of its previous year's fixed overheads, recalculated annually.
  • Custodians send each client a statement of positions at least once every three months and are liable for losses up to the market value of the assets.
  • Under DORA, a major ICT incident is notified within 4 hours of classification and no later than 24 hours after the firm becomes aware of it.
  • The EU Travel Rule applies to every crypto transfer with no minimum amount, with wallet ownership checks for self-hosted wallet transfers above €1,000.
  • Authorisation is withdrawn if it is not used within 12 months or if services stop for nine consecutive months.

MiCA CASP compliance at a glance

MiCA authorisation starts a compliance cycle that runs for as long as the firm holds its licence. A crypto-asset service provider (CASP) keeps meeting the governance, capital, client asset, conduct and service-specific rules of the Markets in Crypto-Assets Regulation, Regulation (EU) 2023/1114, alongside DORA, the EU Travel Rule, anti-money laundering law, sanctions and data protection.

The obligations differ by service. A custodian, an exchange, an adviser and a transfer service each carry their own rules, so the most useful tool is an obligations map built permission by permission, rather than one generic policy.

Compliance areaPrincipal obligationMain source
ConductAct honestly, fairly and professionally in clients' best interests; fair, clear marketingMiCA Article 66
Prudential safeguardsHold the higher of the class minimum and one quarter of fixed overheadsMiCA Article 67
GovernanceFit and proper board, sound controls, records kept at least five yearsMiCA Article 68
Client assets and fundsSegregate, record and protect client crypto-assets and moneyMiCA Article 70
ComplaintsFree, prompt, fair and recorded complaints handlingMiCA Article 71
Conflicts of interestIdentify, prevent, manage and disclose conflictsMiCA Article 72
OutsourcingWritten agreements, oversight and retained responsibilityMiCA Article 73
Wind-downAn orderly wind-down plan for the relevant servicesMiCA Article 74
Service rulesCustody, trading platform, exchange, execution, placing, orders, advice, portfolio management, transfersMiCA Articles 75 to 82
Market abusePrevent, detect and report insider dealing and manipulationMiCA Title VI
Operational resilienceICT risk, incidents, testing and supplier oversightDORA, Regulation (EU) 2022/2554
Travel RuleOriginator and beneficiary information with every transferRegulation (EU) 2023/1113
AML and sanctionsRisk-based due diligence, monitoring and reportingEU AML law and national law
Staff competenceQualified staff giving information or adviceESMA knowledge and competence guidelines

Where MiCA stands in 2026

MiCA's transitional periods ended on 1 July 2026 at the latest in every member state. ESMA's statement of 17 April 2026 made clear that from that date any firm providing crypto-asset services to EU clients without authorisation acts in breach of EU law, and that firms without authorisation were expected to wind down in an orderly way. The market now consists of authorised CASPs and financial firms using the notification route.

The national regulator that granted the authorisation, called the national competent authority, supervises the CASP. ESMA writes the common technical standards and guidelines and works with national regulators so that supervision is consistent. Passporting lets a CASP serve clients across the EU, but host-state rules on marketing, consumer protection, tax and AML reporting still apply where the firm operates.

For firms still planning entry, our MiCA licence guide covers the authorisation itself. This guide covers what an authorised CASP does every day, month and year to keep its licence in good standing.

Conduct, marketing and client information

Article 66 requires a CASP to act honestly, fairly and professionally in the best interests of its clients. Marketing communications are fair, clear and not misleading, identified as marketing, and consistent with the crypto-asset white paper where one exists. Clients are warned of the risks of crypto-asset transactions before they deal.

A CASP publishes its prices, costs and fees on its website, and publishes information on the principal adverse environmental and climate impacts of the consensus mechanisms used by the crypto-assets it offers, using the sustainability indicators set in the technical standards. Every service runs on a client agreement that sets out the rights and obligations of both sides.

Checks before marketing in a new country

  • Confirm the passport notification covers that member state and service.
  • Review the host state's rules on financial promotions, language and consumer protection.
  • Translate risk warnings, fee disclosures and the complaints procedure.
  • Approve influencer and affiliate arrangements before they go live.

Governance and sound management

MiCA requires governance arrangements that ensure sound and prudent management, proportionate to the size and complexity of the business. Every board member must be of good repute and have the knowledge, skills and experience for the role, and shareholders with 10% or more must remain suitable. Changes to the board are notified to the regulator, and an acquisition of 10% or more, or an increase through 20%, 30% or 50%, needs the regulator's prior assessment.

What the board should see

  • Capital position and headroom against the prudential requirement.
  • Client asset reconciliations and any breaks.
  • Financial crime indicators: alerts, suspicious activity reports, sanctions matches and high-risk clients.
  • Complaints volumes, themes and root causes.
  • The conflicts register and any new conflicts.
  • Outsourcing and critical supplier performance.
  • ICT incidents, resilience testing results and open remediation.
  • Regulatory change, supervisory correspondence and breaches.

New products, new tokens, new countries and new critical suppliers each need a documented regulatory impact assessment before launch. In a group, decisions affecting the regulated entity are taken by its own board; group functions can support it, but they do not replace its governance. Records of all services, activities, orders and transactions are kept for at least five years.

Prudential safeguards after authorisation

A CASP holds prudential safeguards at least equal to the higher of its permanent minimum capital and one quarter of its fixed overheads for the previous year, reviewed every year. The minimum is €50,000 for Class 1 services, €125,000 for Class 2 (which adds custody and exchange) and €150,000 for Class 3 (which adds a trading platform).

Growth raises the requirement. As staff, technology and premises costs rise, one quarter of fixed overheads often overtakes the class minimum within the first two years. Losses reduce available own funds at the same time, so finance and compliance should track headroom monthly and set early-warning triggers well above the minimum.

Own funds and insurance

The safeguards can be own funds, an insurance policy or a comparable guarantee, or a combination. The insurance must meet MiCA's conditions on cover, term and the risks covered; ordinary commercial liability cover does not qualify. The capital plan should be consistent with the business plan and with the wind-down plan, so that the firm can always fund an orderly exit.

Client crypto-assets and client money

A CASP holding client crypto-assets, or the means of access to them, protects clients' ownership rights and does not use client assets for its own account. Records must show each client's position at any time and reconcile to the wallets and accounts the firm controls. Client assets are held separately from the firm's own, so that they are protected if the firm becomes insolvent.

Client money other than e-money tokens is placed with a credit institution or a central bank by the end of the business day after it is received, in accounts identifiable separately from the firm's own. Due diligence on every bank and institution in the chain should be documented and refreshed. Key management, multi-signature or MPC (multi-party computation, where several parties each hold part of a key) arrangements, wallet allocation and recovery need access controls and segregation of duties.

Custody providers: operating controls

Custody and administration carries specific rules in Article 75. The CASP has a custody agreement with each client, a custody policy available on request, and a register of positions. It sends each client a statement of their positions at least once every three months and whenever the client asks. It is liable for the loss of client crypto-assets caused by an incident attributable to it, up to the market value at the time of the loss.

  • Protocol events: procedures for forks, airdrops, protocol upgrades and loss of access, including how client entitlements are decided and communicated.
  • Sub-custody: due diligence, contractual rights, legal analysis of the provider's insolvency regime, and ongoing oversight.
  • Incidents: playbooks for compromised keys, suspension of withdrawals, client communication and restoration of service.

A custody incident is usually a client asset event and an ICT incident at the same time, so the MiCA custody procedures and the DORA incident process should run as one.

Trading platforms

Operators of a crypto trading platform meet additional rules on operating rules, admission of crypto-assets, access, order handling, transparency and market integrity. The operating rules are clear and non-discriminatory, and the systems are resilient enough to handle peak volumes. The operator may not deal on its own account on the platform it runs, and it initiates final settlement on the blockchain within 24 hours of a trade on the platform.

ESMA's Q&A of 20 June 2025 on shared order books confirmed that an arrangement in which an EU platform's order book is combined with that of a non-EU platform breaches the MiCA authorisation requirements. Global groups should document which legal entity runs each order book and where liquidity comes from. Order and trade records must be complete enough to reconstruct any order for surveillance or a regulator's request.

Exchange, execution and order handling

Exchanging crypto-assets for money or for other crypto-assets, executing orders and receiving and transmitting orders each create conduct duties. An exchange service has a non-discriminatory commercial policy and publishes firm quotes or its pricing method. A firm executing client orders takes all sufficient steps to obtain the best possible result, and keeps an execution policy that clients receive.

Client disclosures must match the service actually provided. Venue selection, spreads, liquidity sources and payments from group companies all affect client outcomes, so each needs a documented rationale and periodic review. Automated execution and routing logic needs governance, testing before changes, and monitoring after release.

Advice, portfolio management and staff competence

Firms giving advice on crypto-assets or managing portfolios assess suitability: the client's knowledge, experience, financial situation and objectives. Records explain why each recommendation or portfolio decision suits the client, and portfolio clients receive periodic statements.

ESMA knowledge and competence guidelines

ESMA issued its guidelines on the knowledge and competence of staff giving information or advice on crypto-assets on 28 January 2026. They apply six months after ESMA publishes them in all EU languages.

RoleMinimum standard (one route shown)Ongoing training
Staff giving informationA qualification of at least 80 hours plus 6 months' supervised experience, or 1 year's supervised experienceAnnual training, for example 10 hours for the simplest offerings
Staff giving adviceA qualification of at least 160 hours plus 1 year's supervised experience, or other routes in the guidelinesAnnual training, for example 20 hours for simpler offerings

Firms should list every role that gives information or advice, including customer support, account managers and social media teams. Educational content can become regulated advice when it is personalised or presented as a recommendation, so marketing, influencer arrangements and staff communications need approval and monitoring.

Complaints handling

MiCA requires effective and transparent procedures for handling complaints promptly, fairly and consistently, free of charge to the client, with the procedure published. Each complaint is recorded with the steps taken and the outcome.

The practical step is classification. Support tickets that express dissatisfaction with a regulated service are complaints, and the firm's ticketing system should flag them so they enter the regulated process. Complaints data then feeds board reporting and product review, with root-cause analysis across cases. A CASP serving several countries handles complaints in the languages it markets in.

Conflicts of interest

A CASP identifies, prevents, manages and discloses conflicts of interest, and discloses the general nature and sources of its conflicts, and the steps taken to limit them, in a prominent place on its website. Crypto business models create structural conflicts between the firm, group companies, token issuers, market makers, staff and clients.

  • Token listings: listing fees, issuer relationships and the firm's own token holdings.
  • Revenue sharing: payments from issuers, market makers or venues.
  • Proprietary positions: group trading alongside client orders.
  • Incentives: staff and affiliate rewards linked to client activity.

The conflicts register records each material conflict, the control in place and the owner. Controls include separation of functions, independent decisions, restrictions and monitoring; disclosure is the last line, used only where a conflict cannot be prevented or managed.

Outsourcing and accountability

A CASP may outsource functions, including important ones, under MiCA and DORA, but it remains fully responsible for them. It keeps the expertise to supervise the provider and the right to access its data and premises. Contracts cover the service, information and audit rights, security, sub-outsourcing, continuity and exit.

The heaviest dependencies in crypto are custody technology, cloud hosting, blockchain analytics, identity verification, Travel Rule messaging and trading systems. Firms should map these dependencies and the concentration risk across them, monitor providers on a risk basis (financial condition, security, jurisdiction and regulatory status), and keep tested exit plans that protect clients during any transition.

DORA alongside MiCA

The Digital Operational Resilience Act has applied to CASPs since 17 January 2025. It requires a board-approved ICT risk framework, incident management and reporting, resilience testing, management of ICT suppliers and a register of all ICT supplier arrangements, kept up to date and provided to the regulator.

Major ICT incident reportDeadlineSource
Initial notificationWithin 4 hours of classifying the incident as major, and no later than 24 hours after becoming aware of itDelegated Regulation (EU) 2025/301, Article 5
Intermediate reportWithin 72 hours of the initial notificationDelegated Regulation (EU) 2025/301, Article 5
Final reportWithin one month of the latest intermediate reportDelegated Regulation (EU) 2025/301, Article 5

Critical systems should be mapped to the services they support: exchange engines, custody platforms, blockchain nodes, cloud, identity systems and APIs. Scenario tests should include crypto-specific events such as key compromise, chain halts and bridge exploits, and board reporting should focus on what remains to be fixed. Our article on DORA and digital operational resilience explains the framework in more detail.

The EU Travel Rule

The Travel Rule comes from the Transfer of Funds Regulation, Regulation (EU) 2023/1113, which has applied to crypto-asset transfers since 30 December 2024. A CASP sends information on the originator and beneficiary with every transfer, with no minimum amount, and checks the information it receives. Where information is missing or incomplete, the CASP has a risk-based procedure to request it, hold, reject or return the transfer.

For a transfer above €1,000 to or from a self-hosted wallet (one the client controls directly), the CASP verifies that the wallet is owned or controlled by its client. The Travel Rule data should connect to AML and sanctions monitoring, and compliance should test its accuracy and completeness regularly, with privacy and data security controls built in.

AML and sanctions

MiCA does not replace EU anti-money laundering law; a CASP is an obliged entity under it. It carries out risk-based customer due diligence, identifies beneficial owners, applies enhanced checks to higher-risk clients and countries, monitors transactions and reports suspicious activity to its national financial intelligence unit. The EU Anti-Money Laundering Regulation, Regulation (EU) 2024/1624, applies from 10 July 2027 and sets these rules directly across the EU, with the new EU Anti-Money Laundering Authority supervising selected high-risk cross-border groups directly from 2028.

Crypto-specific controls

  • Exposure to self-hosted wallets, mixers, cross-chain bridges and high-risk jurisdictions.
  • Governance of blockchain analytics: vendor method, risk labels, threshold calibration and alert quality.
  • Sanctions screening of clients, wallets, owners and counterparties, updated promptly when lists change.
  • Documented decisions on every potential match.

The firm's financial crime service supports CASPs with risk assessments, monitoring calibration and MLRO reporting.

Market abuse rules for crypto markets

Title VI of MiCA sets a market abuse regime for crypto-assets admitted to trading: it prohibits insider dealing, unlawful disclosure of inside information and market manipulation. Any firm that arranges or executes transactions has systems to detect suspicious orders and transactions and reports them to its regulator without delay.

Crypto markets trade around the clock, with liquidity spread across venues and on-chain activity, so surveillance built for traditional markets needs adapting. Firms control access to inside information such as listing decisions, partnerships and protocol events, govern staff dealing, and calibrate and test surveillance, tracking alert quality and reports filed.

Records, reporting and the compliance calendar

Reporting and record-keeping requirements come from MiCA, its technical standards and national rules, and vary by service. Systems should produce complete, reproducible records of activity, orders, transactions, custody positions, complaints, conflicts, outsourcing and prudential monitoring, so that a regulator's request can be answered from the system rather than rebuilt by hand.

ObligationFrequency or deadlineSource
Prudential requirement recalculatedAnnually, monitored throughout the yearMiCA Article 67
Client statement of positions (custody)At least every three months and on requestMiCA Article 75
Trading platform settlement initiatedWithin 24 hours of the tradeMiCA Article 76
Record retentionAt least five yearsMiCA Article 68
Major ICT incident: first noticeWithin 4 hours of classification, 24 hours of awareness at the latestDORA and Delegated Regulation (EU) 2025/301
Passporting to a new member stateStart at the latest 15 calendar days after notifyingMiCA Article 65
Significant CASP notificationWithin two months of reaching 15 million active EU users on averageMiCA Article 85
Tax reporting of client transactionsAnnually, data collected from 1 January 2026DAC8, Directive (EU) 2023/2226

A regulator response process with named owners across compliance, legal, technology and operations, and version control on every submission, keeps answers consistent.

Placing and transfer services

A CASP placing crypto-assets for an issuer or offeror tells the issuer, before the agreement, the type of placement, the fees and the timing, and manages the conflict that arises where it places tokens issued by itself or a group company. Agreements with the issuer record these terms, and the firm keeps evidence that the white paper and marketing match the offer.

A CASP providing transfer services agrees with each client the description of the service, the fees and the time it takes, and how the firm handles transfers that cannot be completed. Transfer services sit closest to payment services, so firms moving e-money tokens for clients check whether a payments authorisation is also needed under PSD2.

Orderly wind-down planning

CASPs providing custody, operating a trading platform, exchanging crypto-assets, executing orders or placing crypto-assets keep a plan to support an orderly wind-down of their activities under applicable national law. The plan shows how critical activities continue or transfer, how client crypto-assets and money are returned, and how clients are told.

ESMA's statement of 17 April 2026 set the standard for these plans in practice: operational, credible and ready to execute at once. A plan that names the receiving custodian, the sequence of steps, the people responsible and the funding available meets that standard, and it should be tested at least annually and refreshed after any material change to the business.

The first year after authorisation

Regulators watch newly authorised CASPs closely in their first year, and supervisory requests are most frequent as the firm grows into its business plan. A clear first-year plan keeps the firm aligned with what it told the regulator.

  1. Months 1 to 3: complete any conditions attached to the authorisation, file passport notifications, finalise the obligations register and run the first board compliance report.
  2. Months 4 to 6: first assurance tests of client asset reconciliations, Travel Rule data and transaction monitoring calibration; first DORA resilience test results to the board.
  3. Months 7 to 9: review actual volumes, staffing and costs against the business plan and update the prudential forecast; refresh the business-wide AML risk assessment.
  4. Months 10 to 12: annual recalculation of the prudential requirement, wind-down plan test, conflicts and outsourcing reviews, and the annual compliance report to the board.

Any material departure from the business plan in the application, such as new services, new countries or a different client base, is discussed with the regulator before it happens rather than after.

A practical ongoing compliance programme

The most effective programmes run in three layers.

  1. Obligations register. Each obligation mapped to the authorised services, with its legal source, the policy and control that meet it, the owner, the evidence and how it is monitored.
  2. Assurance testing. Risk-based testing of prudential calculations, custody records, complaints, Travel Rule data, AML controls, outsourcing and DORA, plus a change assessment before any new token, product, country or group arrangement.
  3. Governance and remediation. Board reporting that shows material risks and trends, with findings tracked to a lasting fix.

Firms that hold a payments or e-money licence alongside MiCA authorisation run one programme across both, which matters where stablecoin flows are also payment services; our guide to the MiCA stablecoin licence explains where those regimes meet. The firm's regulatory compliance service provides gap assessments, monitoring and board reporting for authorised CASPs.

Frequently asked questions

What ongoing compliance does a MiCA-authorised CASP need?

It keeps meeting MiCA's conduct, capital, governance, client asset, complaints, conflicts, outsourcing and service-specific rules, alongside DORA, the Travel Rule, AML and sanctions law. The exact programme depends on the services authorised.

How much capital does a CASP need to keep under MiCA?

The higher of €50,000, €125,000 or €150,000 by service class, and one quarter of the previous year's fixed overheads. As costs grow, the fixed-overheads figure usually becomes the binding one.

Does DORA apply to MiCA crypto firms?

Yes. CASPs have been in scope since 17 January 2025 and must report major ICT incidents within 4 hours of classifying them as major, and no later than 24 hours after becoming aware of them.

What is the MiCA Travel Rule?

It comes from Regulation (EU) 2023/1113, not MiCA itself. CASPs send originator and beneficiary information with every crypto transfer, with no minimum amount, and verify self-hosted wallets for transfers above €1,000.

How often must a custodian send clients a statement?

At least once every three months, and whenever the client asks, under Article 75 of MiCA.

Can one MiCA licence be used across the EU?

Yes. A CASP notifies its home regulator and can start in a host member state at the latest 15 calendar days after notifying; host-state marketing and consumer rules still apply.

Can a CASP lose its authorisation for not using it?

Yes. The regulator withdraws authorisation if the firm has not used it within 12 months or has provided no crypto-asset services for nine consecutive months.

References

  1. Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA), EUR-Lex
  2. ESMA: Markets in Crypto-Assets Regulation
  3. ESMA guidelines on knowledge and competence under MiCA, 28 January 2026
  4. ESMA Q&A on the shared order book model under MiCA, 20 June 2025
  5. Regulation (EU) 2022/2554 on digital operational resilience (DORA), EUR-Lex
  6. Commission Delegated Regulation (EU) 2025/301 on major ICT incident reporting, EUR-Lex
  7. Regulation (EU) 2023/1113 on transfers of funds and crypto-assets, EUR-Lex
  8. Regulation (EU) 2024/1624, the EU Anti-Money Laundering Regulation, EUR-Lex

About Buckingham Capital Consulting

Buckingham Capital Consulting has obtained payments and e-money authorisations in the UK and the EU since 2013, including Central Bank of Ireland EMI authorisation for Own Solutions, and runs compliance programmes for regulated firms after authorisation. For authorised CASPs, the firm builds the MiCA obligations register, tests custody, Travel Rule and DORA controls, and prepares board reporting and regulator responses.

Speak to an expert: WhatsApp +44 7563 115980, Telegram @buckinghamcapital or info@buckinghamcapitalconsulting.co.uk.

This article is general information, reviewed against the regulator’s published requirements on the date shown. It is not legal advice; the regulator’s current publications take precedence.