Client-initiative record
Keep dated evidence of who initiated contact, the channel used, the service requested, the client location known at the time, and the internal owner who reviewed the request.
What Article 61 changes operationally
Provision of crypto-asset services at the exclusive initiative of the client: Regulation (EU) 2023/1114 Article 61 addresses when a client established or situated in the Union initiates a crypto-asset service or activity from a third-country firm at the client’s own exclusive initiative.
The practical risk is treating reverse solicitation as a slogan. Article 61 says that solicitation, promotion or advertising in the Union by a third-country firm, an entity acting on its behalf, or closely linked persons does not become client initiative merely because a contract or disclaimer says so.
This page is an evidence-preparation checklist. It is not a legal interpretation, authorisation opinion, cross-border marketing playbook, brokerage recommendation, or assurance that any service is outside MiCA authorisation requirements.
Reverse-solicitation evidence matrix
Solicitation controls
Map EU-facing websites, campaigns, affiliates, introducers, events, social posts, app-store pages, and paid-search activity that could be viewed as solicitation, promotion or advertising.
Disclaimer review
Do not rely on boilerplate alone. Record why any contractual clause or disclaimer is not being used as a substitute for facts about how the relationship actually began.
Service-scope boundary
Track the original service requested and prevent drift into new types of crypto-assets or crypto-asset services unless the authorisation or legal analysis supports the path.
Third-party dependency map
Document entities acting on behalf of the third-country firm, close-link relationships, referral arrangements, and partner marketing controls before EU-facing activity scales.
Route decision handoff
Connect unresolved reverse-solicitation questions to Article 59 authorisation status, Article 62 application evidence, Article 65 cross-border service planning, and Article 66 conduct controls.
Review-ready tracker
- Initiation log: source of inquiry, timestamp, client jurisdiction, requested service, responder, and evidence file link.
- Marketing inventory: EU-targeting flags for web pages, campaigns, partner pages, app distribution, event attendance, and public communications.
- Scope-change gate: approval record before offering new types of crypto-assets or crypto-asset services to a client initially captured through client initiative.
- Escalation owner: named owner for counsel review, authorisation-route decisions, and remediation when facts do not support the reverse-solicitation assumption.
FAQ
What does MiCA Article 61 cover?
Article 61 covers provision of crypto-asset services at the exclusive initiative of a client established or situated in the Union, including limits on treating solicited activity as client initiative.
Can a disclaimer prove reverse solicitation?
No. Article 61 states that the rule on solicitation applies notwithstanding a contractual clause or disclaimer purporting to state that services are provided at the client’s own exclusive initiative.
Why does this matter for CASP evidence work?
Reverse-solicitation assumptions affect authorisation routing, cross-border activity, conduct controls, partner marketing, and operational-risk records. Treat the question as a documented facts-and-controls file, not as a sales-page label.