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Erscheinung:01.09.2022, Stand:updated on 25.07.2023Which crypto-assets do not fall under the scope of MiCAR ?

MiCAR does not apply to crypto-assets which are classified under Article 2(4) of MiCAR as follows:

  1. financial instruments as defined in point 15 of Article 4(1) of Directive 2014/65/EU (MiFID 2);
  2. electronic money (e-money) as defined in point 2 of Article 2 of Directive 2009/110/EC (EMD 2), except where they qualify as electronic money tokens under MiCAR;
  3. deposits as defined in point 3 of Article 2(1) of Directive 2014/49/EU (Deposit Guarantee Directive) of the European Parliament and of the Council;
  4. structured deposits as defined in point 43 of Article 4(1) of Directive 2014/65/EU (MiFID 2);
  5. securitisation as defined in point 1 of Article 2 of Regulation (EU) 2017/2402 (Securitisation Regulation) of the European Parliament and of the Council

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