Obtaining CASP registration or licensing
You are planning to offer a service involving crypto currencies or digital tokens and would you like advice on CASP registration or licensing?
Anne RAOUL-TARDIEU was in charge of setting up the CASP team within the Autorité des marchés financiers (AMF) and of examination of some thirty cases as a regulator and then as a lawyer.She advises CASP during their registration and/or licensing procedure.
Our firm assists you in all stages of regulatory compliance of your activity from the start of your file to the registration/licensing, by developing procedures adapted to your business model and by advising you throughout the process in a personalized manner.
When is a crypto asset service provider (CASP) subject to registration/licensing?
The French law of May 22, 2019 on the growth and transformation of companies (PACTE law) has made it possible to develop a framework in France dedicated to service offerings involving digital assets, which has strongly inspired the European regulation MICA(markets in crypto-assets)that will soon come into force. France has been a pioneer in Europe for a progressive framework for the blockchain ecosystem, in order to ensure maximum investor protection and market integrity. MICA will allow authorized players to benefit from a passport throughout Europe in a secure framework that inspires more confidence than jurisdictions that do not provide any regulation of its players.
L’enregistrement PSAN est obligatoire pour les prestataires de services de conservation, d’achat et de vente crypto/fiat, d’échange de crypto / crypto et les plateformes d’échange crypto étaient soumis à un enregistrement obligatoire, les autres services étant soumis à un agrément optionnel. L’agrément est pour l’heure optionnel.
Under MICA, all digital asset services will be subject to mandatory licensing.
Notre offre d’accompagnement :
- Elaboration of the whole application file
- Consultations juridiques dont étude d’analyse préalable
- Legal qualification of activities
- Analysis of financial flows with regard to payment services regulations
- Contractual engineering in the context of CASP registration and licensing files
- AML/CFT processes (risk mapping, classification of AML/CFT risks, reporting of suspicions, freezing of assets, periodic and permanent internal control, control of outsourcing)
- Drafting of operational procedures
- Support in dealing with regulators