top of page
Search

❌ Poor Governance = Sanctions 🚨 9 Pillars You MUST Follow ! (Don’t Overlook No.7!)


CASP and Governance: Ensure Your Compliance with MiCA !

Establishing a robust governance framework is a key requirement for Crypto-Asset Service Providers (CASPs) seeking to comply with MiCA.

The goal ? Ensure transparency, mitigate risks, and protect clients.


Discover the 9 fundamental pillars of effective governance for a MiCA-compliant CASP.


🏛️ 1. Qualified and Ethical Leadership

✅ Proven experience and expertise in the financial or technology sector.

✅ No criminal record related to money laundering or terrorist financing.


📊 2. Trustworthy Shareholders

✅ Any shareholder with a significant stake must be transparent and reliable.

✅ No involvement in serious financial offenses.


⚠️ 3. Preventing Harmful Influence

Authorities can sanction or suspend voting rights if a shareholder poses a risk to the proper management of the company.


📜 4. Effective Internal Policies

✅ Establishment of clear, documented procedures to comply with MiCA requirements.

✅ Implementation of a strong internal control system.


👩‍💻 5. Competent and Trained Staff

✅ Every employee must have skills relevant to their responsibilities.

✅ Continuous training to stay updated with regulatory developments.


🔎 6. Continuous Evaluation and Improvement

✅ Regular audits and reviews of internal strategies and procedures.

✅ Identification and correction of weaknesses before they become major risks.


🔄 7. Business Continuity Plan

✅ Ensuring uninterrupted services during technical incidents through an effective contingency plan.

✅ Secure and resilient IT systems.


🔐 8. Risk Management and Data Protection

✅ Identification and mitigation of operational risks.

✅ Strict compliance with European cybersecurity standards, including the DORA Regulation (2022/2554).


📂 9. Activity Recording and Archiving

✅ Keeping all transactions and activities for at least 5 years.

✅ Extension up to 7 years if requested by competent authorities.

✅ Providing records to clients upon request.


A Change in Leadership? Notify the AMF Immediately!

Before a new executive takes office, you must prove that they meet the required competency and integrity criteria set by MiCA.

Act Now ! A rigorous governance framework is the key to successful compliance and sustainable operations in the crypto-asset sector.


🔗 What do you think of these requirements ?

Is your company ready to meet them ? Share your thoughts in the comments!



 
 
 

Comments


Contact

BECTRA

Paris, France

  • Linkedin

Merci pour votre envoi !

© 2024 by Cabinet BECTRA.

bottom of page