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MiCA · Practice

Practise on closed records

9 exercises, each built on a record that cannot change under you — an Official Journal act, a final published sanction, a dated snapshot, a closed consultation file. Read the record, commit to answers, then check yourself.

Why closed records: a live register is stale the week it is quoted, and a pending procedure can change under your answer. A closed record is the opposite — dated, final, and retrievable by anyone from the official publisher for as long as the publisher exists. The 3 debate exercises go one step further: their record is a closed consultation file, so you can argue both sides of a rule with the actual arguments the parties made, then check what the authority did — and what stage the rule is at today.

Exercise 1starter

Three tokens, one sorting sequence

The Level-1 definitions — the taxonomy every classification runs on

European Parliament and Council · Regulation (EU) 2023/1114, Arts 2(4), 3(1)(5)–(9) · 2023-06-09

Three hypothetical tokens (invented for this exercise — no real token is being classified): ALPHA purports to maintain a stable value by referencing the euro, and only the euro. BETA purports to maintain a stable value by referencing a basket of euro and US dollars. GAMMA makes no stabilisation claim at all; it is only intended to give holders access to a storage service its issuer runs.

  1. Which question does MiCA's drafting make you ask first, before any token category is considered?
  2. Sort ALPHA, BETA and GAMMA into MiCA's categories, in the order the definitions impose.
  3. Why does BETA not become an e-money token by referencing two official currencies?
Exercise 2starter

When did the authorisation RTS become law?

The adopted RTS on the content of CASP authorisation applications — a completed draft-to-law journey

European Commission · Commission Delegated Regulation (EU) 2025/305 · 2025-03-31

A compliance memo dated May 2024 says: 'ESMA's RTS specifies the information a CASP application must contain — see the final report of 25 March 2024.' A second memo, dated May 2025, cites the same substance as 'Commission Delegated Regulation (EU) 2025/305'. Trace what the instrument was at each date: ESMA consulted on 12 July 2023, delivered its final report (ESMA18-72330276-1634) on 25 March 2024, the Commission adopted the act on 31 October 2024, the Official Journal published it on 31 March 2025, and it entered into force and applied from 20 April 2025.

  1. Was the May 2024 memo citing law? What exactly did exist on that date?
  2. What happened between 25 March 2024 and 31 March 2025 — and why is that step invisible in the final report itself?
  3. From which date could a CASP application be assessed against the regulation, and what is the correct citation from that day on?
Exercise 3starterdebate · on the consultation record

“There are no safe crypto-assets” — the objection ESMA accepted

A consultation objection that changed the final text — the cleanest small worked example of the machine responding

ESMA · Final Report, Guidelines on investor protection — third package (ESMA35-1872330276-1936) · 2024-12-17

ESMA's draft suitability guidelines stated there are no safe crypto-assets. Many respondents objected: stablecoins are backed by a reserve, purport to hold a stable value, and their issuers are authorised and supervised. Argue both sides from the record, then check what the final text did.

Check the stage before you cite

The suitability guidelines this record fed were issued on 26 March 2025 (ESMA35-1872330276-2031) and the registry stage governs their force; guidelines bind authorities comply-or-explain, not firms directly. No statement here classifies any real token's safety.

  1. Make the respondents' case against the blanket statement.
  2. Make the case for keeping it.
  3. What did ESMA do — and what does this episode teach about consultations generally?

New set daily · 9 exercises in the pool · each built on a closed, dated record — an Official Journal act, a final published sanction, or a dated register snapshot — and cited to the official publisher, never a commercial aggregator.