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The acquisition of a Markets in Crypto-Assets permit in Portugal has witnessed a progressive ascent in appeal amongst cryptocurrency enterprises in recent times. This heightened interest stems from propitious statutory ordinances, an adaptable fiscal approach, and escalating governmental endorsement for digital assets. Upon its enactment, any commercial undertaking functioning within the cryptosphere must procure a MiCA licence for its Portuguese establishment. Subsequently, it shall be permissible to conduct operations per European norms and to legitimately render services across the European Union's marketplace.

This regulatory framework institutes standardised provisions for the oversight of crypto-assets, rendering the nation a propitious locale for the conduct of ventures allied with digital currencies. Entities contemplating an application ought to take cognisance of the novel directives issued by regulatory bodies. These are proposed to augment commercial probity, safeguard the entitlements of investors, and diminish the hazards of illicit financial flows.

The registration of an authorisation presents an opportunity to align with European benchmarks and to attract institutional depositors. It shall become feasible to secure operational stability and to derive advantages from integration with the EU's monetary architectures. To secure a MiCA certification within Portugal, a company is required to navigate several fundamental procedural stages.

Considering the burgeoning scope of the cryptocurrency market, the governance of digital assets has ascended to a position of foremost significance for financial overseers. The institution of such regulatory architectures functions to resolve extant legal uncertainties, thereby cultivating openness and bestowing enhanced safeguards upon both patrons and organisations engaged in the trading of these assets. Moreover, this empowers entities to substantiate the reliability of their operational practices and to manifest robustness against prospective contingencies.

Definition and purpose of MiCA authorisation

The Markets in Crypto-Assets directive constitutes a pan-European legal instrument crafted to institute a unified juridical architecture for the handling of digital currencies. This particular regulation delineates precise prerequisites for those issuing digital assets, platforms facilitating their exchange, and all stakeholders within this evolving marketplace. Companies aspiring to secure a MiCA permit within Portuguese territory are obligated to comply with mandates concerning openness, the protection of client deposits, and the sustained operational capacity of their undertaking.

The overarching objective of MiCA is to furnish a supervisory structure for the cryptocurrency industry and to alleviate hazards linked to unlawful practices, the intrinsic instability of digital assets, and the lack of a clearly defined system at the level of the European Union. Under the enactment of this regulatory scheme, investors are granted amplified assurances of security, and commercial enterprises are presented with the prospect of conducting their activities legitimately throughout Europe, providing their services within an environment characterised by clarity and regulatory oversight.

MiCA imposes obligatory stipulations upon all cryptocurrency-centric organisations operating within the legal confines of the European Union. This regulatory framework encompasses conventional exchange services, digital asset custody solutions, and novel developments within the sector. To formally present an application for a MiCA licence in Portugal, a company must furnish irrefutable evidence of its compliance with the applicable legal statutes. This very regulation streamlines the interface between cryptocurrency platforms and the traditional banking infrastructure. It acts as a mechanism for the genesis of a legitimate digital currency market across the European continent. Moreover, it serves to protect consumers by ensuring that these platforms conduct their operations strictly within the parameters of the law.

Main legal acts for the MiCA licence in Portugal

The Markets in Crypto-Assets Regulation constitutes the principal regulatory instrument that establishes explicit stipulations for the operation of entities providing cryptocurrency services, token issuers, and related parties. Its scope encompasses issuance and trading activities, the safeguarding of depositors’ funds, the maintenance of stability, and the prevention of fraudulent practices.

In addition to MiCA, companies must comply with the AML/CFT Law, which obliges them to implement customer identification procedures and keep records of suspicious transactions. The regulations are subject to the Banco de Portugal authority, which regulates characteristic resources, exchangers, and organisations providing services related to digital assets.

To obtain MiCA approval in Portugal, the provisions of the General Data Protection Regulation must also be taken into account. As cryptocurrency companies work with customers' personal information, they are obliged to safeguard it, prevent leaks, and comply with generally accepted processing norms.

It is also worth relying on the Portuguese Commercial Code, which regulates registration, taxation, and reporting. Cryptocurrency firms can benefit from favourable tax treatment in the country, but they must comply with accounting and financial monitoring rules.

In practice, the MiCA authorisation process in Portugal requires careful preparation and an understanding of national and European conditions. It should be borne in mind that all transactions involving virtual assets are subject to regulatory oversight, and a breach will result in the revocation of a licence or prohibition to operate.

Categories of digital assets governed by MiCA regulations

For organisations intending to set up a MiCA-licensed business in Portugal, understanding the different categories of cryptoassets is essential. Not only does the authorisation process depend on it, but also compliance with strict legal conditions. Several main categories are regulated by MiCA, each with different features and settings for issuers, regulators, and end users.

1

E-money

E-money tokens are digital equivalents of traditional currencies. They are used for settlements and transfers in the virtual environment. At the same time, they are stable in value because they are linked to fiat currency. To register the MiCA service in Portugal, it is necessary to ensure full coverage of the issued tokens with real fiat money. For each token issued, there must be a corresponding amount of fiat money in reserve, which helps to ensure stability and liquidity.

E-money businesses are subject to strict financial reporting and transaction regulations. In Portugal, the sector is controlled by Banco de Portugal. MiCA establishes requirements for safeguarding funds and adhering to data protection obligations regulated under the GDPR. The law emphasises the importance of respecting user privacy as well as preventing crime.

2

Stablecoins

Stablecoins are among the significant categories of cryptoassets for which organisations are required to obtain a MiCA licence in Portugal. These assets are linked to traditional currencies, commodities, or kits, making them less susceptible to the fluctuations in value that feature the more volatile virtual currencies. Stablecoins include 2 main types:

  • Asset-referenced tokens. Linked to several types of assets, such as fiat currencies, gold, or other valuable resources. Their purpose is to offer a more stable medium of exchange and savings that will not fluctuate greatly in value. They are used as a means of payment as well as for deposits and savings.
  • E-money tokens. Similar to e-money and backed solely by fiat currencies. They are often used for direct payments and transfers, as well as for exchanges between participants of crypto markets.

To apply for MiCA authorisation in Portugal and work with this type of asset, a firm must meet strict conditions. These include mandatory provision of reserves, public disclosure of the issuer, and ensuring transparency of operations. Stablecoins are regulated in EU countries to prevent rate manipulation.

3

Investment tokens

To register a MiCA service in Portugal and work with investment tokens, you need to understand that they function as financial instruments. In simple words, they are similar to traditional stocks, bonds, and units in funds. These tokens are used to invest in assets or projects and are also used as equity in profitable ventures. Investment tokens have several important characteristics:

  • Allow the holder to participate in the management of the firm or profit from its operations
  • Used to issue debt that entitles the holder to interest and debt repayment
  • Function as a financial instrument subject to MiFID II and MiCA regulations.

In Portugal, this sector is supervised by the Securities Market Commission.

Main types of licences and services under the MiCA Regulation 

To obtain a MiCA licence in Portugal, the applicant should understand their types and consider the list of services that will need to be provided to the company. This is suitable for depositors and entrepreneurs. The regulation provides for 3 main types of licences, let's look at them in more detail separately.

Cryptoasset service provider 

Storage and administration of crypto-assets on behalf of third parties.

Securely storing clients' digital currencies on specialised custodial platforms. Performs private key management, multi-signature provision, and transaction monitoring to detect illegal activities. Assumes implementation of cybersecurity tools.

Exchange of crypto-assets into fiat currencies.

 Implementation of functions for exchanging digital assets into traditional currencies, including integration with payment systems, banks, and processors. This covers connecting fiat gateways, providing execution of market or limit orders, and automatic customer verification through KYC procedures. 

Transactions to exchange one crypto asset for another.

Anyone intending to obtain a MiCA licence in Portugal will be able to allow users to exchange, for example, Bitcoin for Ethereum or stablecoins without involving fiat currency. This includes implementing trading pairs and connecting to decentralised and centralised liquidity pools.

Order execution on behalf of clients assumes active participation of the platform in the execution of transactions on the market of digital assets on behalf of end users.

 It has algorithmic execution mechanisms, control over the best execution conditions, and reports on each transaction, as well as integration with external exchanges and liquidity pools. 

Accepting and transmitting orders on behalf of third parties.

 A broker function is available, accepting client orders to buy or sell crypto-assets and transmitting them to the market for those who have already executed a MiCA authorisation in Portugal of this type. This involves maintaining client profiles, collecting orders, aggregating order flows, and routing orders to third-party trading systems. 

Crypto Asset Management.

 This is a service of trust management of clients' assets, an analogue of investment portfolio management in traditional finance. The provider offers asset allocation strategies, applies analytical tools, rebalances the portfolio, and implements trading signals based on technical and fundamental analysis. 

Crypto Asset Allocation.

 This is an analogy with IPO, only in the field of cryptocurrencies. The provider organises placement campaigns, prepares investment documents, places tokens on exchanges and marketplaces, and sets up the accounting system for the funds raised. 

Providing advice on crypto-assets. Analytical and expert activity aimed at supporting clients in investment decisions is available upon obtaining a Portuguese MiCA license. Provides recommendations, market reviews, valuation of crypto-assets, and assistance in structuring transactions.

Issuer of asset-backed stablecoins

Issuing and managing asset-backed tokens.

Will be able to develop a sustainable and transparent token issuance model that includes an accurate description of the securing assets, their market value, how they are stored, and verification capabilities. The service includes provisioning with independent financial institutions, document preparation, and collateral auditing.

Liquidity support and redemption commitments.

 Provides for an ongoing commitment by the issuer to ensure that tokens are redeemed from holders at an agreed value. Businesses that obtain MiCA authorisation in Portugal are required to have liquid reserves and formalized exchange rules and withdrawal procedures in place for this purpose. 

Publication of key information and supervisory reporting.

This includes regular updates of public information, descriptions of changes in asset structure, risk management, and annual reporting. The service includes a dedicated compliance and supervisory liaison department, organisation of reserve audits, and automation of material preparation. 

Issuer of digital currency tokens 

Issuing tokens that are fully backed by fiat currency.

 The process of issuing EMT involves securing each token with an equivalent amount in euros or other currency. The service includes placement of funds in segregated bank accounts, full transparency on collateral, and issuance of tokens only if adequate reserves are available. 

Immediate and unconditional redemption obligations.

 An issuer that has correctly executed a MiCA authorisation in Portugal is obliged to ensure the immediate redemption of EMTs at par without delays or hidden fees. This is done by utilising an automated system for processing redemption requests, reserve liquidity, and direct access to fiat payment systems. 

Adhering to a licensing regime is similar to e-money licencing and includes the application of all conditions required of e-money providers.

 This includes licensing, supervision, a system of internal policies, protection of customer funds, and risk insurance.

What steps must be completed by the applicant?

The process is not possible without completing several key steps to ensure that all legal, financial, and operational conditions for the provision of cryptocurrency services are met within the framework of EU law. To obtain MiCA authorisation for cryptocurrencies in Portugal, an applicant must complete the following actions:

  1. 1. The candidate must register their organisation in that country as a legal entity suitable for cryptocurrency employment. The company must meet the business requirements.
  2. 2. The firm will need to comply with every EU business organisation regulation.
  3. 3. Monetary compliance is considered a mandatory step when applying for a Portuguese MiCA licence. Without proof of financial stability and the ability to cover all key expenses, the applicant will be refused.
  4. 4. Companies must provide proof of their budget and fulfil minimum capital guidelines.
  5. 5. Applicants invariably prepare financial statements that will be audited, as well as provide information on planned operations and sources of funds.
  6. 6. Businesses planning to register a MiCA authorisation for cryptocurrencies in Portugal should pay attention to the qualifications of the principals. They undergo a criminal record check and prove experience in finance, technology, and cryptocurrencies.

How to apply correctly?

This is a rather complex process that involves careful preparation of materials and compliance with legal, monetary, and operational conditions. In this process, the key steps are applying for a MiCA licence in Portugal, preparing all the necessary documents, meeting application deadlines, and cooperating with the regulatory authorities. The process is quite important and requires attention for any firm seeking to operate in the cryptocurrency market in the EU.

The first and most important item to complete on the path to obtaining authorisation is the preparation and collection of materials. Registration of the organisation as a legal entity that will be involved in cryptocurrency work must be in order. The business plan should be quite detailed and include a detailed description of the services.

Once all documents have been collected, the candidate must finalise the MiCA authorisation in Portugal, which includes sending the petition to the relevant authorities. The processing timeframe lasts up to six months. Sometimes it is possible to manage much earlier, and sometimes there are delays. There is an initial check of papers, qualifications of managers, and other things. When all these stages are completed, the firm will receive a notification that the Portuguese MiCA licence has been successfully registered.

Financial requirements

The primary prerequisites include the possession of adequate initial capital. The quantum and characteristics thereof are contingent upon the nature of the company and the cryptocurrency services it furnishes. Principal crypto-organisations are involved in the exchange and custody of assets, in addition to offering other fundamental services within the cryptocurrency domain. For such entities, the minimum capital requirement stands at EUR 125,000. This stipulation is intended to guarantee financial robustness and to mitigate overall risks for clients.

Companies involved in the issuance and regulation of cryptocurrencies are subject to a considerably higher minimum capital requirement, set at EUR 350,000. For those intending to apply for a MiCA licence in Portugal, it is pertinent to note that stablecoins carry a significant level of risk and must maintain a connection to the real asset value through substantial financial reserves. 

Order execution platforms, along with organisations that facilitate access to trading platforms, are required to possess a statutory budget of no less than EUR 150,000. These entities provide technical support for cryptocurrency buying and selling transactions between users and other market participants. They process orders, connect counterparties, and ensure compliance between supply and demand for digital assets. Since such platforms are characterised by a high volume of daily transactions and the intensity of trading activity, they bear increased operational and market risks. 

It is feasible to secure a MiCA licence in Portugal to undertake the activities of custodial providers. These encompass entities offering cryptocurrency wallets, custodians, and token issuers. Such entities will be permitted to commence operations on an official footing should the company's balance sheet reflect a minimum of EUR 50,000. The main task of such organisations is to ensure the secure storage of users' digital assets and, in some cases, to provide access to them at the request of the client. This requires sustainable and tamper-proof technical solutions.

In addition to the minimum capital, organisations wishing to obtain MiCA authorisation in Portugal must create reserve funds. The latter serve as an additional defence in case of difficulties or unforeseen situations. Reserve funds help to cover unexpected losses and provide stability in the market. It is an essential element of guaranteeing customers and ensuring the long-term stability of a business project.

The size of reserve funds depends on the scale of operations, trading volumes, and similar factors. Large cryptocurrency exchanges and platforms with high transaction volumes are obliged to reserve large amounts. Another relevant aspect for obtaining MiCA authorisation in Portugal is compliance with reporting standards.

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Tax aspects when obtaining MiCA

For cryptocurrency companies, tax compliance is an important factor. Portugal presents itself as an appealing jurisdiction for pertinent operations owing to its comparatively favourable tax regimes for both cryptocurrency organisations and users. It is, however, important to acknowledge that such enterprises must consider several stipulations that will influence their activities. Upon a firm's acquisition of a MiCA licence for a cryptocurrency business within Portugal, it becomes liable for taxation in accordance with local regulations.

In 2016, Portuguese authorities were first faced with the need to provide an answer to the question of how income from crypto transactions should be treated. The regulator issued the relevant document, which was of an explanatory nature and did not have the force of law. Even then, it outlined the main areas in which asset income is categorised.

Based on the issued clarification, it was noted that the ordinary sale of digital currencies was not subject to taxation under the current set of state laws. The exception to this was when such transactions were done regularly, indicating professional or business employment. In this case, the proceeds would fall into category B and would be taxed at the prescribed rates.

In the year 2023, the legislature delineated two principal categories under which income derived from crypto-asset transactions will be subject to taxation. This is a point of relevance for any entity contemplating the acquisition of MiCA authorisation in Portugal.

Category B

 encompasses income arising from transactions on the issuance of virtual assets. These are taxed at the standard progressive IRS rates. A notable feature of the new legislation is that taxpayers operating under a simplified scheme may avail themselves of a coefficient of 0.15. This effectively permits an 85% exemption from tax on income generated from these activities. This innovation is intended to encourage the growth of the sector by lessening the fiscal imposition.

Category G

concerns income from the remunerated sale of crypto-assets that do not fall under the definition of securities. For such transactions, a proportional rate of 28% is applied. Furthermore, a tax exemption may be applicable if the assets have been held by the taxpayer for a minimum of 365 days, with the period before the law's enactment also being considered.

When registering for a MiCA licence in Portugal, it is pertinent to understand that should a crypto-asset be classified as a monetary instrument, fluctuations in its value are not taken into account when calculating taxable profit until such time as it is sold. However, if a gain arises on realisation, it is included in the total base and taxed at a rate of 20%. Losses, on the contrary, may be carried forward, but the total should not exceed 65% of the taxable profit.

The high volatility of the crypto market creates additional challenges when valuing inventories. If an asset does not fit the definition of inventory, it may be classified as intangible. The choice of accounting method for cryptoassets directly affects how taxable income will be calculated.

Due diligence when obtaining a MiCA

When obtaining a MiCA authorisation in Portugal, the candidate's security clearance is checked by the regulator. The authorities require that those in key positions meet high professional standards and do not have a negative reputation. Executives must have sufficient experience in financial and technological fields. The presence and quality of skills in the development and implementation of cryptocurrency and blockchain products will be checked.

Criminal records or lack thereof for such offences as fraud, corruption, and other economic misdeeds will be examined. The business reputation and lack of criminal record of executives are prerequisites for MiCA authorisation in Portugal. Regulators must be confident that the managers can effectively manage the firm's cash flows and maintain its stability in the cryptocurrency market.

The applicant must ensure that its management and key employees do not have a negative business reputation. The authorities are assured that the applicant conducts legal business activities and is not involved in dubious schemes.

For MiCA authorisation in Portugal, the company must submit a full set of financial statements. For the organisation to operate smoothly, it must demonstrate mechanisms to manage threats amidst the volatility of the cryptocurrency market.

Cybersecurity for a MiCA licence in Portugal

Logging into systems must be done using two-factor authentication. Customers' personal information is necessarily stored encrypted using AES-256 algorithms. Businesses are required to use hardware security modules to hide private keys and keep a complete log of transactions for later auditing.

To protect against cyberattacks, firms wishing to register MiCA credentials in Portugal must implement robust DDoS mitigation systems and utilize WAFs and IDS/IPS systems. This will help filter traffic, block malicious requests, and prevent unauthorised access attempts. Special attention is paid to employee training - regular cybersecurity training and attack simulations help mitigate human error.

Encryption in transit and at rest, the utilisation of SSL/TLS certificates, and the continuous updating of software are identified as mandatory measures to prevent vulnerabilities. Enterprises planning to formalise MiCA legal documentation in Portugal are obliged to develop effective incident management policies. In the event of a data breach, the organisation reports the incident to the regulator within 72 hours.

Liability insurance

Businesses operating within the cryptocurrency and digital asset sector are required to insure their operations against several potential and frequently occurring losses. These primarily relate to cyberattacks, fraud, technical malfunctions, human errors, and legal claims. Regulators strictly monitor the existence of an insurance policy. This ensures that the company can cover losses and fulfil obligations to clients.

Without the requisite insurance coverage, it is impossible to complete the full licensing process, as it constitutes a key condition of the regulatory body. When seeking to obtain MiCA legal confirmation in Portugal, it is important to consider the established insurance coverage limits. These limits depend on several factors, including the size of the company, the volume of operations, the number of clients, and the type of services provided

The document must remain valid throughout the entire licence period, and firms are obliged to renew it promptly and provide supporting materials upon the regulator's request. Selecting an appropriate insurance company is crucial when formalising MiCA standards in Portugal. Cryptocurrency organisations must only work with officially approved insurance providers possessing experience in insuring FinTech and blockchain companies.

The policy should encompass not only standard operational risk coverage but also protection against specific threats pertinent to the crypto industry. This includes cyber-attacks, unauthorised data access, the loss of digital assets, and legal proceedings with clients or regulators. Certain insurers offer enhanced packages.

Investors and funding

Securing financial investment can confidently be considered a key aspect for those planning to register a cryptocurrency company with a MiCA licence in Portugal. The presence of a robust financial foundation plays a decisive role in the licensing process and the subsequent development of the business venture. Venture capitalists and funds are actively interested in crypto start-ups operating in jurisdictions with transparent regulation. Portugal, through the implementation of MiCA, is becoming one of the most promising countries for such investments

Securing venture capital necessitates not only a clear business strategy but also full compliance with regulatory principles. Investors assess the enterprise's readiness for licensing, the presence of an experienced team, a well-defined legal structure, growth potential, and competitive advantages within the market. One will need to prepare a high-quality investment memorandum, conduct an audit of financial performance indicators, and develop a detailed plan for the utilisation of raised funds.

When seeking to register for MiCA authorisation in Portugal, businesses might consider bringing in strategic partners. They can assist not only with funding but also with overall development. Major players in the crypto industry, financial institutions, and technology corporations frequently seek out promising start-ups for collaboration. Partnering with such companies will unlock access to new markets and simplify the licensing process.

Pros and cons of obtaining MiCA authorisation in Portugal

The country offers several key advantages for organisations wishing to obtain the relevant licence. A rather favourable tax regime is proposed: there's no capital gains tax on cryptocurrency transactions for individuals. The nation is part of the European Union, which means access to the single market and the ability to freely provide crypto services across all EU countries post-licensing. The regulator, the CVM, has a reputation for being amenable to FinTech companies, which simplifies the process of formalising MiCA licensing terms in Portugal.

Another significant plus is the high level of digital literacy among the population and the developed technological infrastructure. This facilitates the rapid adoption of crypto solutions and makes the jurisdiction attractive to international investors. The country supports the start-up ecosystem through tax incentives, grants, and accelerator programmes.

There are also certain complexities that firms wishing to register for MiCA authorisation in Portugal may encounter. The formalisation process requires significant time and financial investment. Enterprises must meet conditions regarding capital, financial reporting, and cybersecurity. Portugal is still adapting its national legislation to MiCA. This will lead to changes in important official regulations in the future. One will need to continuously monitor new regulatory acts and be prepared to adapt.

Another potential drawback is the high level of competition. Many companies view Portugal as an ideal jurisdiction for entering the EU market. This situation increases the number of applications and can somewhat slow down the processing of them. For instance, in Germany or France, the legislative framework for working with cryptocurrencies is already more established. However, these countries also have a higher tax burden and stricter capital requirements.

Threats and challenges while registering for MiCA authorisation in Portugal

Let's consider the main difficulties and analyse the potential future of crypto market regulation in the country within the context of formalisation. The primary threat to identify is the complexity in adhering to the regulatory stipulations imposed on enterprises. The regulatory hurdles consist of genuinely stringent rules. Many organisations encounter difficulty in ensuring an adequate level of capital

Portugal, as part of the EU, is integrating the new regulations into its legal framework. Furthermore, formalising the full MiCA compliance in Portugal can be challenging for some organisations due to the necessity of adapting business models and processes to the new standards. For example, the required level of information disclosure and adherence to anti-corruption standards will present significant challenges for firms.

Failure to comply with the mandatory regulations established by MiCA will result in serious sanctions. These are applied for breaches of consumer protection rules, non-compliance with data privacy standards, or failure to meet AML and CFT obligations. Moreover, fines or more stringent enforcement measures are also imposed for not conducting regular audits of financial standing and reporting.

In the long term, obtaining MiCA authorisation in Portugal will be important for participants in the crypto market. Essentially, it will pave the way for stable and predictable regulation. It is anticipated that crypto companies will be compelled to regularly update their processes and strategies to conform to the new regulations.

The prospects for the regulation of the cryptocurrency market in Portugal will evolve within the context of tighter controls. This outcome will necessitate additional investment in security infrastructure, legal support, and the firm's internal processes.

Risk Assessment When Obtaining MiCA Authorisation

The process of securing MiCA authorisation for a start-up in Portugal unlocks access to the European crypto market. However, it also entails certain risks. Companies must consider potential financial, regulatory, and market threats that could impact their operations. Let’s examine these in more detail:

  • A primary challenge is the necessity of meeting requirements for minimum capital, reserve funds, and liability insurance.
  • It's important to note that obtaining integrated MiCA authorisation in Portugal will involve additional expenses for legal counsel, auditing, internal controls, cybersecurity, and insurance.
  • Furthermore, organisations must factor in potential sanctions and fines for non-compliance with regulatory rules. Even minor errors in reporting or breaches of transparency regulations could lead to losses.
  • Regulatory requirements are continuously being updated, and the process of securing a MiCA licence in Portugal will require a significant amount of time.
  • A key risk is the complexity of adhering to AML and CFT stipulations. To comply with these regulations, companies must implement rigorous customer due diligence procedures.
  • There's a possibility of delays or rejections in the licensing process. If the regulator deems the business model non-compliant with MiCA standards, the firm will lose time and money spent on preparation.
  • The market remains highly competitive. Companies that have successfully secured MiCA authorisation for a start-up in Portugal face challenges from similar organisations.
  • Large market players, already holding licences, create barriers for new start-ups, limiting their ability to attract clients and partners.

For a successful navigation of the process of formalising MiCA integration documents in Portugal, companies need to analyse potential risks in advance. It's worth developing strategies for managing financial obligations, monitoring regulatory changes, and considering market competition. Only a comprehensive approach will allow for the minimisation of threats and the effective utilisation of the advantages that MiCA provides.

Developing partnerships when obtaining a MiCA licence

For the successful launch of a cryptocurrency business and its subsequent growth, it's necessary to establish robust partnerships with key market participants. Companies that are aiming to register a business with MiCA authorisation in Portugal gain the opportunity to collaborate with international crypto exchanges, technology partners, and blockchain associations. Such interaction not only helps to strengthen the company's position but also simplifies integration into the global ecosystem.

Following the successful formalisation of the final MiCA authorisation in Portugal, firms can expect to gain access to the largest crypto exchanges. This unlocks new prospects for liquidity exchange, token listing, and the provision of digital asset trading services

Collaboration with global crypto exchanges enables:

  • Easy access to large capital markets
  • An enhanced level of client trust through partnerships with well-known platforms
  • The accelerated listing of new crypto assets and tokens
  • The optimization of transaction costs and increased liquidity.

Companies aiming to formalise MiCA integration processes in Portugal enter into strategic agreements with developers of blockchain infrastructure, payment solutions, and decentralised applications. 

Key areas include:

  • Payment gateways – integration with providers such as MoonPay, Wyre, and Simplex to ensure convenient fiat transactions.
  • Custodial services – partnerships with BitGo, Fireblocks, and other custodians for the secure storage of virtual assets.
  • Smart contracts and DeFi – collaboration with Ethereum, Solana, Polkadot, and other blockchains to implement innovative solutions.
  • Blockchain analytics and monitoring – the utilisation of tools from Chainalysis, CipherTrace, and Elliptic to prevent fraud and illicit financial flows.

Such technological integrations enhance the enterprise's competitiveness, ensure regulatory compliance, and create additional benefits for users.

Joining professional blockchain associations is an important step for companies looking to register a business with a MiCA licence in Portugal and gain access to global initiatives in the fields of regulation, innovation, and investment.

Prospects following MiCA implementation

Significant changes are anticipated in the cryptocurrency market following the entry into force of the regulation. Companies undergoing the process of obtaining a MiCA licence in Portugal gain new advantages for development, expanding their client base, and attracting investment. Applicants can expect:

  • The ability to provide cryptocurrency services across Europe without the need to obtain additional licences in each country;
  • Simplified access to banking services and traditional financial institutions;
  • An enhanced reputation among clients and partners due to compliance with pan-European regulations;
  • The opportunity to expand operations within a legal framework, excluding the risks of business closure or blocking.

An increase in the number of licensed firms will heighten the level of competition and contribute to the formation of a stable ecosystem for crypto market participants. Investors are cautious when dealing with crypto due to the high risks of fraud, opaque operating models, and insufficient protection of funds. However, companies that secure final Portuguese MiCA authorisation will be able to offer their clients enhanced standards of security and transparency.

Why hire a consultancy agency?

Licensing under the Markets in Crypto-Assets regulation in Portugal demands unquestioning adherence to regulations, meticulous preparation of materials, and professional engagement with regulators. Pursuing this independently can lead to delays, errors, and even rejection. Therefore, collaborating with a consultancy firm is a sound way to secure authorisation for cryptocurrency services in Portugal swiftly, effectively, and with minimal risk.

We comprehensively prepare the documentation for your application, liaise with regulators, and oversee the process, guaranteeing compliance with all requirements and minimising the likelihood of delays. Our services include analysing the client's business model and adapting it for MiCA, developing internal AML/KYC policies, and consumer protection mechanisms. Specialists will also assist with advice on corporate law, taxation, and financial reporting.

Each cryptocurrency project is unique. We develop a bespoke strategy for obtaining Portuguese MiCA authorisation, taking into account the client's specific operations. Professionals analyze the competitive environment and the market, devise an effective entry strategy for the firm into the European market, and provide advice on scaling after receiving the licence. Errors in the application, non-compliance with requirements, and incorrect interaction with regulators can lead to refusal. We help you avoid all these threats, ensuring a successful outcome

Conclusion

The advent of the Markets in Crypto-Assets regulation within Portugal signifies a notable advancement towards the establishment of consistent standards across the digital currency industry, thereby assisting in the fortification of transparency, probity, and security within the relevant marketplace. The jurisdiction in question boasts advantageous fiscal policies alongside a well-established financial and technological infrastructure. The prospect of procuring a MiCA licence for a nascent enterprise in Portugal is increasingly becoming a pivotal consideration for entities aspiring to conduct their affairs within the European Union's legal parameters and to cultivate their undertaking with assurance.

The procedure encompasses several indispensable phases. A successful outcome is attainable through appropriate diligence and scrupulous preparation. Numerous firms do not accord sufficient attention to all facets, which frequently results in refusals or considerable postponements in the authorisation process. This holds particular significance for organisations endeavouring to function in accordance with international legal norms and to meet all regulatory requirements.

MiCA governs not solely cryptocurrency exchanges but also a diverse spectrum of market participants, including providers of digital wallets, issuers of stablecoins, and purveyors of analogous services. The introduction of these stipulations entails the creation of a cohesive legal framework applicable to all actors.

A comprehensive understanding of, and adherence to, all regulations is vital for efficacious operation. Companies that are successful in obtaining preliminary MiCA approval in Portugal will acquire a resilient legal underpinning for their activities and will be positioned to capitalise on the full suite of benefits associated with operating within the European common market.