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Crypto Regulation

EU Regulators Review Binance’s Use of MiCA Reverse Solicitation Exemption

ESMA and regulators in France, Germany and Greece are reviewing whether Binance used MiCA’s reverse solicitation exemption to serve some EU clients without authorization. The exemption applies only when a client fully initiates contact with a non-EU crypto firm. Binance withdrew its Greek MiCA license application in June and said it will apply in another EU member state. ESMA has called for stronger enforcement powers against unauthorized non-EU firms soliciting European investors.

Original source

AI take

The scrutiny lands on the single most elastic provision in MiCA: reverse solicitation was meant as a narrow carve-out, and its use by a firm of Binance's scale tests whether the boundary is enforceable in practice. The outcome matters well beyond one exchange, since every non-EU venue serving European users relies on the same distinction between inbound and outbound contact. Binance's decision to withdraw its Greek application and refile elsewhere adds a licensing-arbitrage dimension regulators are unlikely to ignore. Whether ESMA converts its call for stronger enforcement powers into actual authority is the open question.

Generated by AI for reference only.

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