Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?

Financial Innovation

Research

Tina van der Linden¹  Tina Shirazi² 

[1] Faculty of Law, Transnational Legal Studies, Vrije Universiteit Amsterdam, 1081 HV, Amsterdam, The Netherlands;Zurich, Switzerland;

关键词: MiCA regulation;    Crypto-assets;    Legal certainty;    Blockchain;    Distributed ledger technology;    Utility tokens;    Stablecoins;    Asset-referenced tokens;    e-money tokens;   

DOI  :  10.1186/s40854-022-00432-8

 received in 2022-02-25, accepted in 2022-11-27,  发布年份 2022

来源: Springer

【 摘 要 】

This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets, now subject to formal approval by the European Parliament. The objective is to explore whether it will positively impact the adoption of crypto-assets in the financial sector. The use of crypto-assets is growing. However, some stakeholders in the financial service sector remain skeptical and hesitant to adopt assets that are yet to be defined and have an unclear legal status. This regulatory uncertainty has been identified as the primary reason for the reluctant adoption. The proposed regulation (part of the EU’s Digital Finance Strategy) aims to provide this legal certainty for currently unregulated crypto-assets. This study investigates whether or not the proposed regulation can be expected to have the intended effect by reviewing the proposed regulation itself, the opinions and reactions of the various stakeholders, and secondary literature. Findings reveal that such regulation will most likely not accelerate the adoption of crypto-assets in the EU financial services sector, at least not sufficiently or as intended. Some suggestions are made to improve the proposal.

【 授权许可】

CC BY   
© The Author(s) 2023