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First Draft of Crypto-Asset Regulation (MiCA) with the European Union and Potential Implementation

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Bočánek M.
Financial Law Review
|
2021
|
vol. 22
|
issue 2
37-53
EN
This article focuses on the very first working draft of new crypto-asset regulation within the European Union. The primary aim of this article is to evaluate the newly defined institutes in the draft and confirm or disprove the hypothesis that this new system of crypto-assets may be implemented to the actual regulation of capital markets as well as payment system, in effect within the European Union. As mentioned above, hypothesis will count on an ideal adoption of the MiCA regulation into the existing legal framework of both, capital markets as well as payments regulation in the European Union, not interfering with existing laws or regulations. Within the first part of this article, synthesis will be used as well as compilation for the description of crypto-asset categories and of the issuers of crypto-assets or crypto-asset service providers. Subsequently, analysis will be applied for the specification of missing elements for the purpose of finding the right connection and implementation into the existing regulation of capital markets and payments industry.
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