MICA Europeo (Crypto) – Gli NFT saranno esclusi?

Il Markets in Crypto-Assets ( MiCA ) è una proposta di regolamento all’interno della cornice del diritto Europeo, che sarà trasformata in Legge, con votazione parlamentare UE il 20 Aprile 2023.

Ha come scopo principale. quello di aiutare a regolare la tecnologia Blockchain (DLT) e la regolamentazione delle risorse virtuali nell’Unione Europea (UE), tutelando utenti,investitori e società del settore. Fa parte di un Digital Finance Package che intende trasformare l’economia europea nei prossimi decenni.

Il MICA fornisce certezza legale e giuridica sulle risorse crittografiche: Criptovalute, Token, Stablecoin. 

Esso è composto da circa 120 Articoli, un testo decisamente lungo e nel suo genere senza precedenti storici.

Leggendo il Testo integrale che sarà reso in Parlamento, cominciamo ad evidenziarne alcuni aspetti:

 

➡️MICA non si applica a SERVIZI CRYPTO forniti in modo COMPLETAMENTE DECENTRALIZZATO senza INTERMEDIARI o se EMITTENTE NON IDENTIFICABILE (art.22)

 

➡️Gli Asset Digitali che non possono essere trasferiti ad altri detentori:

NON RIENTRANO nella definizione di Crypto-Assets.

Esempio: Gli assets accettati solo dall’emittente (programmi fedeltà scambiati per vantaggi o punti) non rientrano nell’inquadramento giuridico del Regolamento in questione

Esso poi enuclea una: 

➡️CLASSIFICAZIONE CRYPTO-ATTIVITÀ (in 3 Tipi)

1)Crypto che mirano a stabilizzare il proprio valore facendo riferimento ad una Valuta Ufficiale (surrogati Moneta Elettronica)

2)TOKEN ASSET REFERENCED che stabilizzano valore in riferimento ad un altro valore/diritto tra cui una o più Valute Ufficiali

3) TOKEN di UTILITÀ e similari

 

Dopodichè, passando alla trattazione degli NFT (TOKEN NON FUNGIBILI):

➡️NFT esclusi dal MICA:

Gli Nft non sono facilmente intercambiabili e il loro valore, essendo ciascuno unico, non può essere accertato mediante confronto con un mercato esistente o un asset equivalente. Questo limita la misura in cui tali criptoattività possano avere uso finanziario, riducendo i rischi per i detentori e il sistema finanziario.

➡️NFT FRAZIONATI inclusi nel MICA:

1)Sono quegli NFT EMESSI IN SERIE sul Mercato o tramite aste di vendita su siti specializzati.

2)Considerati come STRUMENTI FINANZIARI.

Essi dunque, rientrano a pieno titolo nella competenza del Regolamento in questione.

 

➡️CLASSIFICAZIONE CRYPTO-ATTIVITÀ “DE FACTO”:

Autorità adottino un Criterio di Classificazione basato sulla SOSTANZA ,e non sulla forma o sulladesignazione fatta dall’Emittente in sede di emissione.

➡️EMITTENTI Crypto FUORI UE:

Sono tenuti a rispettare il Regolamento MICA solo con Clienti UE,indipendentemente da condizioni contrattuali, clausole o mezzi di comunicazione con Clienti

➡️La Commissione UE farà una Relazione nei prossimi 18 mesi su REGOLAMENTAZIONE:

1)DEFI

2)PRESTITI CRYPTO

3)MERCATI CRYPTO e NFT

 

Tutti questi spunti, corredati dall’apposito Articolo di riferimento all’interno del testo del Regolamento MICA, sono solo una parte di esso. Continueremo a studiare la lunga normativa, al fine di evidenziarne ulteriori aspetti nel prossimo futuro.

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