Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Draft Decree implementing MiCAR and TFR published for consultation

By Floortje Nagelkerke (NL) & Julia van der Grint on January 24, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

On 22 January 2024, a draft Decree implementing the Markets in Crypto-Assets Regulation (Regulation (EU) 2023/1114, MiCAR) and the Transfer of Funds Regulation (Regulation (EU) 2023/1113, TFR) was published for consultation (the Implementation Decree). Market parties are invited to respond to the draft Implementation Decree by 19 February 2024.

Regarding MiCAR, the Implementation Decree provides for the designation of supervisors. As expected, the Dutch Central Bank (De Nederlandsche Bank, DNB) will be the supervisor for issuers of e-money tokens and asset-referenced tokens. The Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) will be appointed as the supervisor with regard to Crypto-Asset Service Providers (CASPs) and the issuers of other tokens.

MiCAR allows for a transitional period for CASPs that offer their services in accordance with applicable law before 30 December 2024. These CASPs may continue to do so during the transitional period or until they are granted authorisation. The Implementation Decree specifies that in the Netherlands, this transitional period will be six months (ending 30 June 2025) for CASPs that are duly registered with DNB by the end of 2024. Importantly, this means that there will not be a transitional period for entities providing crypto-asset services that currently do not need a licence or registration (i.e., they will need to obtain a MiCAR licence ultimately by 30 December 2024 insofar as their services are captured within MiCAR’s scope). Notably, Dutch law will not facilitate a simplified licence application procedure for such CASPs.

For both MiCAR and the TFR, the Implementation Decree provides for the possibility for DNB and the AFM to impose enforcement measures, such as fines and orders subject to penalty, in cases of non-compliance.

Photo of Floortje Nagelkerke (NL) Floortje Nagelkerke (NL)
Read more about Floortje Nagelkerke (NL)Email
Photo of Julia van der Grint Julia van der Grint

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement…

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement institutions. Julia has developed particular knowledge of blockchain and cryptocurrencies, and advises crypto-asset services providers, crypto exchanges, payments providers and financial institutions on the regulatory issues related to the deployment of these technologies. She also advises on Dutch licence application and notification requirements and assists companies in their licence or notification processes with the Dutch Authority for Financial Markets and the Dutch Central Bank. Additionally, she assists companies in their contacts with these supervisory authorities and represents companies in enforcement procedures.

In addition, she has previously advised banks, other financial institutions and corporates in an array of transactions, both domestic and cross-border. This includes, among others, advising lenders and lender-groups in corporate restructurings and other insolvency related matters.

Prior to joining the team as an associate, Julia gained experience with the Amsterdam office as a student worker.

Read more about Julia van der GrintEmail
Show more Show less
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo