MiCA Article 98 cooperation with other authorities
A source-backed, conservative evidence checklist for CASPs, issuers, offerors, and persons seeking admission to trading that also touch activities supervised under other Union, national, tax, or third-country authority regimes.
Last reviewed · We re-read every article when ESMA, the EBA, or an NCA publishes guidance that changes it.
What Article 98 changes operationally
Cooperation with other authorities: Regulation (EU) 2023/1114 Article 98 is publicly titled “Cooperation with other authorities”. Public MiCA article text frames cooperation where an offeror, person seeking admission to trading, issuer, or crypto-asset service provider engages in activities other than those covered by MiCA.
For CASP evidence packs, treat Article 98 as a reason to keep an other-activity authority map: which non-MiCA activities exist, which authority supervises or oversees them under Union or national law, whether tax authorities are implicated, whether relevant supervisory authorities of third countries are involved, and how each record connects back to Article 93 competent-authority routing, Article 94 response files, Article 95/96 cooperation logs, and Article 109 register hygiene.
This page is a control-mapping checklist. It is not a legal interpretation, tax filing instruction, AML filing instruction, supervisory-response instruction, authorisation opinion, provider endorsement, broker recommendation, or assurance about any firm, authority, activity, third-country supervisor, tax position, information request, investigation, inspection, communication, or fact pattern.
Article 98 other-authority cooperation evidence map
other-activity authority map
List non-MiCA activities, supervising or overseeing authority, legal/regulatory perimeter owner, source URL, retrieval date, internal evidence owner, and unresolved external-advice questions.
Tax and non-MiCA supervisory touchpoints
Track tax authorities and relevant Union or national supervisory authorities where other activities create cooperation or information-flow dependencies. Keep scope, source, request owner, and response status separate from MiCA authorisation evidence.
Third-country supervisory authority records
Where relevant supervisory authorities of third countries appear in the operating model, preserve authority identity, source provenance, retrieval date, information-sharing basis, confidentiality notes, and Article 97 third-country cooperation handoffs.
Supervisory-response and register links
Connect Article 98 files to Article 93 competent-authority routing, Article 94 response ownership, Article 95 cooperation records, Article 96 EBA/ESMA logs, Article 100 professional-secrecy assumptions where relevant, and Article 109 ESMA register hygiene.
Broker, insurer, partner, and internal-risk diligence questions
- Authority inventory: Which non-MiCA activities does the CASP, issuer, offeror, or admission-to-trading project conduct, and which Union, national, tax, or third-country supervisory authorities oversee them?
- Evidence sources: Article 93 authority-routing files, Article 94 information-request inventories, Article 95/96 cooperation logs, Article 97 third-country cooperation files, Article 109 register checks, source URLs, retrieval dates, governance minutes, and incident records.
- Decision records: request owner, compliance reviewer, tax/legal reviewer where applicable, authority source, confidentiality status, information-production status, client-impact owner, operational-risk assessment, and unresolved external-advice questions.
FAQ
What does MiCA Article 98 cover?
Article 98 is framed in public MiCA references around cooperation with other authorities. It is relevant where a CASP, issuer, offeror, or person seeking admission to trading also engages in activities outside MiCA and competent authorities need to cooperate with authorities responsible for supervising or overseeing those other activities.
Why does Article 98 matter for CASP evidence packs?
CASP operating models often touch payments, tax, financial crime, custody, technology, group entities, or third-country supervisory contexts. Article 98 makes the authority map and information provenance useful for counsel, auditor, partner, broker, insurer, governance, and internal-risk review.
Does this page assess tax, AML, or regulatory status?
No. This page does not assess compliance, recommend an authority route, or give filing instructions. It helps teams preserve source-backed evidence and unresolved questions for qualified legal, tax, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.