Article 67: prudential safeguards
Article 67 lets prudential safeguards take the form of own funds, insurance, comparable guarantees, or a combination. If insurance is used, the policy has minimum characteristics and risk categories.
The problem is rarely “find a broker” first
For a CASP, the hard part is turning activity scope, custody design, controls, governance, incident history, vendors, and client terms into a clean application story. A broker or insurer can only price and structure what the firm can evidence. The firms that move faster usually arrive with their risk story already organized.
Mintara Labs works in that preparation layer: mapping the application narrative, evidence gaps, and risk-transfer questions before a CASP goes into broker or market conversations.
Where insurance touches MiCA
Own funds vs insurance
A focused comparison page for teams deciding whether to evidence a capital buffer, risk transfer, comparable guarantee, or mixed path.
Article 75: custody liability
Article 75 creates custody and administration duties and includes liability for loss of crypto-assets or means of access, subject to the Article 75 framework.
Evidence pack checklist
Services and jurisdictions
CASP services provided, client segments, EU territories, passporting plan, permissions sought, and any legacy or transitional arrangements.
Article 67 option set
Own-funds calculation, fixed-overhead basis, whether insurance or comparable guarantee is being considered, and how the chosen path maps to business model risk.
Custody and control model
Whether assets, keys, wallets, signing workflows, or third-party custody providers are involved; segregation model; return procedures; and failure modes.
Controls and vendors
Security architecture, wallet controls, transaction monitoring, sanctions/AML tooling, incident response, outsourcing, business continuity, and audit evidence.
Claims and incident history
Known losses, customer complaints, downtime, security events, operational incidents, remediation steps, and board-level risk ownership.
Client-facing documents
Terms, custody policy summary, fee disclosures, authentication processes, client statements, and treatment of forks, airdrops, staking, or rights events where relevant.
FAQ
Is Article 67 only about buying insurance?
No. Article 67 is about prudential safeguards. Insurance is one possible form, alongside own funds and comparable guarantees, or a combination.
Is Article 75 an insurance article?
No. Article 75 is the custody and administration article. It matters to insurance because custody failures, loss of access, client-asset return, and liability allocation are material risk-transfer questions.
What should a CASP do before contacting markets?
Prepare a concise evidence pack and decide what question the market is being asked: Article 67 prudential safeguard support, broader professional indemnity, custody liability, cyber/crime, D&O, or a combined programme.