mica-001 · scopedifficulty 1/3
A startup plans to offer a crypto-asset in the EU that qualifies as a transferable security. Does MiCA govern the offer?
Gold standard: No. MiCA expressly excludes crypto-assets that qualify as financial instruments under MiFID II. A transferable security is regulated under the existing EU securities framework (Prospectus Regulation, MiFID II), not MiCA. The correct analysis starts with instrument classification, not with MiCA.
Authority: Regulation (EU) 2023/1114, Art. 2(4)(a) · Directive 2014/65/EU (MiFID II), Annex I, Section C — probes: wrong jurisdiction, misstatement