EU regulatory register · MiCA
Article 61Provision of crypto-asset services at the exclusive initiative of the client
CELEX 32023R1114 · Read on 2026-08-18
Short answer
1. Where a client established or situated in the Union initiates at its own exclusive initiative the provision of a crypto-asset service or activity by a third‐country firm, the requirement for authorisation under Article 59 shall not apply to the provision of that crypto-asset service or activity by the third‐country firm to that client, including a …
Verbatim from the article. Source: NovaCopilot · https://legal.exploreworldai.com/eu/rattsakter/mica-2023-1114/artikel-61 · Short answer as data · Official text
MiCA, crypto-assets in short
Crypto-asset service providers need authorisation, and issuers need a white paper. Stablecoins have special rules.
Source: NovaCopilot
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
1. Where a client established or situated in the Union initiates at its own exclusive initiative the provision of a crypto-asset service or activity by a third‐country firm, the requirement for authorisation under Article 59 shall not apply to the provision of that crypto-asset service or activity by the third‐country firm to that client, including a relationship specifically relating to the provision of that crypto-asset service or activity.
Without prejudice to intragroup relationships, where a third‐country firm, including through an entity acting on its behalf or having close links with such third‐country firm or any other person acting on behalf of such entity, solicits clients or prospective clients in the Union, regardless of the means of communication used for the solicitation, promotion or advertising in the Union, it shall not be deemed to be a service provided on the client’s own exclusive initiative.
The second subparagraph shall apply notwithstanding any contractual clause or disclaimer purporting to state otherwise, including any clause or disclaimer that the provision of services by a third-country firm is deemed to be a service provided on the client’s own exclusive initiative.
2. A client’s own exclusive initiative as referred to in paragraph 1 shall not entitle a third‐country firm to market new types of crypto-assets or crypto-asset services to that client.
3. ESMA shall by 30 December 2024 issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 to specify the situations in which a third-country firm is deemed to solicit clients established or situated in the Union.
In order to foster convergence and promote consistent supervision in respect of the risk of abuse of this Article, ESMA shall also issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 on supervision practices to detect and prevent circumvention of this Regulation.
Follow-up questions
Guidance and secondary law
Authority guidance and the delegated or implementing acts that fill the article, with the primary source at the issuing body. Read 2026-08-31.
- Guideline · ESMA2024-12-17Guidelines on the conditions for reverse solicitation under MiCA
When a third-country firm may respond to client initiative without authorisation, read against Article 61.
Article 61
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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