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

Abstract 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-...

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Main Authors: Tina van der Linden, Tina Shirazi
Format: Article
Language:English
Published: SpringerOpen 2023-01-01
Series:Financial Innovation
Subjects:
Online Access:https://doi.org/10.1186/s40854-022-00432-8
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author Tina van der Linden
Tina Shirazi
author_facet Tina van der Linden
Tina Shirazi
author_sort Tina van der Linden
collection DOAJ
description Abstract 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.
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spelling doaj.art-cfe44f410dcc4219959e67ce3305fe292023-01-15T12:19:18ZengSpringerOpenFinancial Innovation2199-47302023-01-019113010.1186/s40854-022-00432-8Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?Tina van der Linden0Tina ShiraziFaculty of Law, Transnational Legal Studies, Vrije Universiteit AmsterdamAbstract 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.https://doi.org/10.1186/s40854-022-00432-8MiCA regulationCrypto-assetsLegal certaintyBlockchainDistributed ledger technologyUtility tokens
spellingShingle Tina van der Linden
Tina Shirazi
Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
Financial Innovation
MiCA regulation
Crypto-assets
Legal certainty
Blockchain
Distributed ledger technology
Utility tokens
title Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
title_full Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
title_fullStr Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
title_full_unstemmed Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
title_short Markets in crypto-assets regulation: Does it provide legal certainty and increase adoption of crypto-assets?
title_sort markets in crypto assets regulation does it provide legal certainty and increase adoption of crypto assets
topic MiCA regulation
Crypto-assets
Legal certainty
Blockchain
Distributed ledger technology
Utility tokens
url https://doi.org/10.1186/s40854-022-00432-8
work_keys_str_mv AT tinavanderlinden marketsincryptoassetsregulationdoesitprovidelegalcertaintyandincreaseadoptionofcryptoassets
AT tinashirazi marketsincryptoassetsregulationdoesitprovidelegalcertaintyandincreaseadoptionofcryptoassets