Key Takeaways
- Sandmark found Binance allowed new EU accounts after the July 1 MiCA deadline without any license warnings.
- ESMA requires unauthorized firms to halt EU onboarding, yet Binance says it seeks MiCA compliance.
- EU regulators are penalizing MiCA violations, signaling strict legal risks for non-compliant exchanges.
Binance Reportedly Still Onboarding Users in the European Union After MiCA Implementation
Binance, the largest cryptocurrency exchange by trading volumes, might not be complying with the Markets in Crypto Assets (MiCA) framework after it entered into effect on July 1.
Sandmark, a crypto analysis platform, reported that its staff opened and verified several accounts from the European Union (EU) on August 19. The report stresses that these actions were taken from different EU nations, including Austria, France, Germany, Spain, and Belgium, with and without virtual private networks (VPNs).
The report stresses that two accounts were opened with fully verified KYC in two countries, and none of the tests resulted in any warning about Binance lacking MiCA licenses. In accounts that passed verification checks, crypto services remained available, including receiving deposits.
After Binance withdrew its application to obtain a MiCA license from Greek regulators, it sent notices reassuring customers about the safety of their assets, reporting that transfers and withdrawals were available where applicable, depending on user location and account status.
The European Securities and Markets Authority (ESMA) offered guidance mandating unauthorized firms to “take immediate steps to wind down their EU activities in an orderly manner, while also safeguarding clients’ interests and mitigating risks to market integrity.”
This includes stopping the onboarding of European clients, opening new accounts, marketing their services to EU users, and soliciting customers in the region by July 1.
Binance representatives reportedly told Sandmark that they haven’t given up on Europe and that they are still pursuing MiCA licensing in the region to operate “on a long-term, compliant basis.”
“Following the implementation of MiCA, we have taken steps to ensure that the availability of our products and services in Europe aligns with relevant legal and regulatory frameworks,” the exchange told Sandmark.
European regulators are already issuing MiCA penalties to exchanges. On August 14, the Austrian Financial Market Authority (FMA) hit Bitpanda with a 70K euros fine for notification and marketing violations.
