Submitted MiCAR Q&As that are either still under review by the EBA/ESMA/European Commission or that have been rejected by the answering body. The Q&A text and the rationale (for rejections) are preserved here for reference even though no official answer is published.
← Back to Q&A index
| ID | Question | Article | Submitted |
|---|
| 2024_7066 | Are ART reserve liabilities secured, and therefore excluded from bail-in in resolution? | 36(2) | 26 Apr 2024 |
| 2024_7068 | Can technically identical EMTs be issued in parallel by EU and non-EU entities? | 48, 49, 54, 56 | 29 Apr 2024 |
| 2024_7069 | What is the scope of Recital 54 and Article 54 of MiCAR regarding ‘significant’ ARTs and EMTs? | 54, Recital 54 | 29 Apr 2024 |
| 2025_7457 | Does PSD2 apply to the issuance and redemption of EMTs under MiCAR? | 49 | 15 May 2025 |
| ID | Question | Article | Rejected |
|---|
| 2024_7067 | How can the MiCAR authority access prudential information for assessing ART/EMT recovery plans? | 46, 47, 55 | 15 Nov 2024 |
| 2024_7210 | What own funds must ART issuers exempt from authorisation under Article 16(2) hold? | 35(1) | 21 Nov 2024 |
| 2024_7114 | Are tokens backed by gold classified as asset-referenced tokens? | 3(1)(6) | 21 Mar 2025 |
| 2024_7027 | Can a CASP receive, transmit or execute orders for non-EUR EMTs from non-MiCA-compliant issuers? | 48(1) | 24 Jul 2025 |
| 2025_7591 | Must banks maintain a segregated account to safeguard proceeds from EMT issuance? | 54, 58 | 11 Nov 2025 |
| 2026_7834 | How are own funds determined for an entity with simultaneous CASP, EMI and investment firm authorisations? | 67 | 29 May 2026 |