MiCA - Studies on the new European regulation of crypto-assets

The publication entitled "MiCA - Studies on the new European regulation of cryptoassets", published by Almedina, has the contribution of Morais Leitão.

Lawyers Ashick Remetula, Luís Roquette Geraldes, Márcia Tomás Pires, Nicole Fortunato and Vera Esteves Cardoso write three articles for this publication.

The trainee lawyer from the corporate, commercial and M&A team, Márcia Tomás Pires, is the author of the article "The Transfer of Ownership of Crypto Assets in the Portuguese Legal System: Legal Aspects and Practical Implications of the MiCA Regulation". In this article, Márcia Tomás Pires aim to outline the provisions governing the transfer of ownership of cryptoassets under Portuguese law considering their intangible nature and their inclusion within the scope of the MiCA Regulation as well as their classification as financial instruments in some cases.

The chapter "f-NFT: From the Democratisation of Access to the Legal Void" is contributed by Nicole Fortunato and Márcia Tomás Pires. This article provides a thorough analysis of fractional NFT (“f-NFT”) and their potential legal classification, placing them within the context of consumer and securities law. It examines the relevant regulatory framework for these cryptoassets and discusses the challenges faced by the regulation on the cryptoassets markets.

Finally, the article "From virtual to crypto: Considerations before and after the MiCA Regulation" is signed by lawyers Luís Roquette Geraldes, Vera Esteves Cardoso and Ashick Remetula.

This article seeks to highlight the differences between the pre-MiCA and post-MiCA regimes, since the MiCA Regulation establishes a new authorisation regime applicable to cryptoasset service providers, with many similarities to the regime applicable to finan¬cial entities, which largely differs from the prior registration regime currently applicable for the purposes of preventing money laundering and terrorist financing. In addition, the MiCA Regulation provides for the possibility for crypto-asset service providers to take advantage of the European passporting regime, which was not possible under the former regime. Given the impact that the new framework will have on the crypto sector and given its practical repercussions for the main market players.

The publication will be available on 30 November and its official presentation will take place on 6 December at 6pm at Fintech House.

Click on the attachment to learn more about this publication.