Service scope map
List every activity the firm currently conducts, plans to conduct, or holds itself out as providing. Match each against the Article 59(1) list of crypto-asset services.
What Article 59 defines operationally
Providing crypto-asset services: Regulation (EU) 2023/1114 Article 59 defines which activities constitute providing crypto-asset services for MiCA purposes. This definition determines whether a firm needs to be authorised as a CASP under Article 62 or whether another route such as Article 60 applies.
The practical risk is assuming a service is outside scope without a documented analysis. Activities that are ancillary, incidental, or borderline — or that involve firms holding themselves out as providing a regulated service — can still trigger the Article 62 authorisation requirement.
This page is an evidence-preparation checklist. It is not a legal interpretation, authorisation opinion, licensing recommendation, brokerage service, or assurance that any activity is inside or outside MiCA scope.
Article 59 scope evidence matrix
In-scope vs out-of-scope determination
Record the legal analysis for why each activity is or is not a covered crypto-asset service. Note whether it is ancillary rather than primary.
Third-country firm touchpoints
Document any EU-facing marketing, solicitation, client contact, or promotion related to crypto-asset services. Assess whether Article 61 reverse-solicitation safe harbour could apply.
Article 60 vs Article 62 routing
If the firm provides in-scope services and is not already an authorised credit institution, investment firm, AIFM, UCITS management company, or payment institution, Article 62 applies. If already authorised for equivalent services, assess Article 60.
Authorisation scope planning
Map the planned crypto-asset service list to the services to be covered at launch and during the authorisation period. Record implications for subsequent scope changes.
Article 59 handoffs
Connect the Article 59 scope determination to the Article 62 application programme of operations, Article 60 notification assessment, Article 61 reverse-solicitation analysis, and custody or other service-specific handoffs.
Review-ready tracker
- Service inventory: list of current, planned, and marketed activities matched against Article 59(1) services, with in-scope or out-of-scope determination for each.
- Legal analysis file: source-backed rationale for any out-of-scope determination, including reference to ESMA guidance, national practice, or unresolved questions.
- Third-country assessment: EU-facing activity inventory, solicitation controls, and Article 61 reverse-solicitation record status.
- Authorisation route decision: documented decision on whether Article 60 notification or Article 62 authorisation applies, with ownership and date.
FAQ
What does MiCA Article 59 define?
Article 59 defines which activities constitute providing crypto-asset services for MiCA authorisation purposes, including custody, exchange, execution, portfolio management, advice, transferring crypto-assets, placing, operating a trading platform, and providing transfer services.
Why does Article 59 matter before applying for CASP authorisation?
If a firm provides one or more Article 59 in-scope services and is not already authorised as an equivalent financial entity, it needs an Article 62 CASP authorisation before providing those services in the EU. Starting work without mapping scope first can mean filing for the wrong authorisation or missing required services.
What is the difference between Article 60 and Article 62?
Article 60 is a notification route for already-authorised financial entities adding crypto-asset services. Article 62 is the full CASP authorisation route for firms not already authorised in an equivalent category. The applicable route depends on the firm\'s existing authorisations and the services it plans to provide.