Binance Continues Operations in EU Without Authorization: Bloomberg

RegulationDigital Finance
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Bloomberg reported on September 4 that major cryptocurrency exchange Binance is continuing to provide services to some customers in the European Union (EU) without authorization. The company interprets the "reverse solicitation" exemption under the EU's crypto asset regulation MiCA as allowing it to accept new customers who proactively seek its services, with some EU customer transactions being processed through a legal entity in Abu Dhabi, United Arab Emirates (UAE). However, the European Securities and Markets Authority (ESMA) has stated that the exemption strictly requires customer initiative, and would not apply if there is any solicitation. The MiCA transitional period ended on July 1, and ESMA had called on unauthorized firms to stop accepting new customers in a statement on June 23. According to Bloomberg, ESMA recently contacted Binance to verify the appropriateness of its reduced EU operations. Binance has explained its regulatory compliance in a statement and said it is actively working to obtain MiCA authorization. Notably, the company withdrew its MiCA application in Greece on June 24 and has indicated plans to seek authorization in another EU member state.

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