Menu
Illustration de la page d’ORWL Avocats sur l’émission d’un stablecoin (EMT) sous MiCA : statut de l’émetteur, white paper et remboursement au pair

Issuing a stablecoin under MiCA

William O'Rorke
Updated on 22 October 2026
William O’Rorke
Partner

Under the MiCA Regulation, a stablecoin that references a single official currency is an e-money token (EMT). Only a credit institution or an electronic money institution (EMI) may issue it, after notifying a white paper to its competent authority. ORWL Avocats advises EMT issuers, from the status of the institution through to the life of the token, including groups established outside France that set up their issuing entity in France.

Who can issue a stablecoin under MiCA?

MiCA distinguishes two families of stablecoins. An e-money token (EMT) references the value of a single official currency. An asset-referenced token (ART) references another value or a combination of values. Most European projects concern EMTs in euros or US dollars.

An EMT is electronic money. The rules of the Electronic Money Directive therefore apply to it, except where MiCA provides otherwise. To offer an EMT to the public or seek its admission to trading in the Union, the issuer must:

  • be authorised as a credit institution or as an EMI;
  • have notified and published a white paper that complies with MiCA;
  • notify its competent authority of its intention at least 40 working days before the offer or the application for admission.

The competent authority is that of the Member State where the issuer is authorised. In France, it is the ACPR (Autorité de contrôle prudentiel et de résolution, the French Prudential Supervision and Resolution Authority). A third party, such as a trading platform, may offer the token or seek its admission, but only with the issuer’s written consent.

The starting point depends on the project. A bank or an EMI that is already authorised checks that its programme of operations covers the issuance of the token and adapts its organisation. A fintech without a status must first become an EMI: ORWL Avocats also handles electronic money institution authorisation before the ACPR.

EMT or ART: which status for your token?

MiCA classifies a stablecoin by what it references. That classification determines the status of the issuer, the authority that supervises it and the documents it must produce.

EMT
References a single official currency, such as the euro or the US dollar. Issued by a credit institution or an EMI, with a white paper notified to the competent authority.
ART
References another value or a basket: several currencies, commodities, crypto-assets. The issuer obtains its own authorisation from the ACPR, which also approves the white paper. Such projects remain rare.
Other crypto-asset
Neither EMT nor ART: utility token, governance token, project token. It follows the notified white paper regime, unless it is a financial instrument.

ORWL Avocats also advises on ART projects, from the design of the reserve to authorisation, and provides legal opinions on token classification under MiCA.

What obligations apply to the issuer of an EMT?

MiCA adds to the electronic money rules a regime specific to EMTs. It rests on a few principles:

  • the issuer issues the token at par value, on receipt of funds;
  • the holder has a claim on the issuer and may obtain redemption at any time, at par value, in funds and free of charge;
  • at least 30% of the funds received remain deposited in separate accounts in credit institutions; the rest is invested in highly liquid financial instruments with minimal risk, denominated in the same currency as the token;
  • no interest may be granted to the holder;
  • the issuer draws up a recovery plan and a redemption plan for holders.

The requirements that apply to the institution itself come on top: own funds, safeguarding of funds, governance, internal control and an anti-money laundering and counter-terrorist financing framework, which ORWL Avocats also builds for crypto-asset businesses.

TopicRequirementExpected deliverables
Status of the issuerAuthorised credit institution or EMI; prior notice to the ACPR before the offer or admissionEMI authorisation file or memo on the programme of operations, notification of intention
Issuance and redemptionIssuance at par value, on receipt of funds; redemption at any time, at par value and free of chargeRedemption policy, terms and conditions of the token, operational procedures
Investment of funds receivedA minimum share held as bank deposits, the rest in secure, liquid assets denominated in the same currencyInvestment policy, separate account agreements, contracts with custodians
Prohibition of interestNo remuneration linked to the holding period, whether paid by the issuer, a CASP or a third partyAnalysis of reward programmes, clauses in distribution agreements
White paperNotified to the ACPR before publication, published, kept up to dateWhite paper, machine-readable version, notification
Marketing communicationsIdentifiable, fair, consistent with the white paper, stating the right of redemptionReview of materials, internal approval procedure
Recovery and redemption plansRestore the issuer’s position in a crisis; failing that, redeem holders in an orderly wayRecovery plan, redemption plan
Distribution by third partiesOffer or admission by a third party with the issuer’s written consentWritten distribution agreement, contracts with CASPs

How is the white paper for an EMT notified?

The white paper presents the token to those who acquire it. It describes:

  • the issuer;
  • the token and the offer to the public or the admission to trading;
  • the rights and obligations attached to the token, including the conditions of redemption;
  • the technology used and the risks;
  • the principal adverse impacts of the consensus mechanism on the climate and the environment.

The document states that no authority has approved it. It follows the template set by the EU implementing technical standards and is drawn up in a machine-readable format.

The issuer notifies the white paper to the ACPR at least 20 working days before publication. This period comes on top of the 40 working days’ notice of the project itself, and the launch timetable has to allow for both. The ACPR does not approve the white paper. The issuer and the members of its management body are liable for the information it contains. Any significant new factor requires a modified white paper, which is notified in turn.

We draft the white paper, prepare both notifications and answer the ACPR’s questions. ORWL Avocats also drafts the white papers of other crypto-assets and supports their launch.

Distribution, interest and use of the stablecoin

Distribution through CASPs

An EMT circulates mainly through trading platforms and other crypto-asset service providers (CASPs). They may offer it or admit it to trading only with the issuer’s written consent, and they too must comply with the prohibition of interest and the rules on marketing communications. Platforms in the Union may offer or admit only stablecoins whose issuer complies with MiCA. We draft the distribution agreements: handling of redemption requests, information to holders, incident management, communications.

Interest and reward programmes

Neither the issuer nor CASPs may grant interest on an EMT. The concept is broad: any remuneration or other benefit linked to the length of time a holder keeps the token counts as interest, including a discount or compensation paid by a third party or built into the price of another product. We analyse every reward programme before launch, for the issuer and for its distributors alike.

EMT services and payment services

The European Banking Authority (EBA) considers that the custody and transfer of EMTs on behalf of clients are also payment services. CASPs that provide these services must then hold two statuses. The firm disputes this reading but builds its clients’ files on it: ORWL Avocats advises on dual CASP and payment institution status.

EMTs denominated in a non-EU currency

An EMT denominated in a currency that is not an official currency of a Member State, such as the US dollar, is subject to specific monitoring rules. Where its use as a means of exchange within a single currency area exceeds, on average, one million transactions and EUR 200 million per day, the issuer stops issuing it and submits to the ACPR, within 40 working days, a plan to bring its use back below those thresholds. Monitoring of these volumes should be planned from the design of the token.

Significant EMTs

The EBA classifies an EMT as significant against criteria set by MiCA: number of holders, value issued, number and value of transactions, links with the financial system. The issuing EMI then applies the reserve of assets rules that govern ARTs and higher own funds requirements, and the EBA takes part in its supervision. The ACPR may also impose some of these rules on the issuer of an EMT that is not significant.

Multi-issuance

Some groups issue the same token inside and outside the Union. MiCA does not expressly address these structures. In its May 2026 consultation on the review of the Regulation, the European Commission indicated that MiCA does not prohibit them; the European Central Bank and the European Systemic Risk Board (ESRB) have expressed reservations. The review may change the rule: a project of this kind calls for a case-by-case analysis of the reserve, the holders’ rights and the allocation of redemptions.

Our method for issuing an EMT

We lead the regulatory side of the project, from initial scoping to the life of the token. We work with the issuer’s product, compliance and technical teams, its statutory auditors and its custodian banks.

01
Scoping the project
Reference currency, blockchains, distribution channels, classification of the token.
02
Status of the issuer
Review of the programme of operations of the EMI or bank, or application for EMI authorisation.
03
MiCA documentation
White paper, redemption and investment policies, recovery and redemption plans.
04
Notification to the ACPR
Notice of intention, notification of the white paper, answers to the authority’s questions.
05
Distribution
Written agreements with CASPs, contracts with custodians and technical providers.
06
Life of the token
Modified white paper, communications, threshold monitoring, possible move under EBA supervision.

After launch, we provide ongoing support: white paper updates, review of communications, exchanges with the ACPR during inspections. ORWL Avocats also advises on the taxation of the issuance and of the issuer through its Tax practice.

Why work with ORWL Avocats?

Since 2018, the firm has advised electronic money institutions and banks adding EMT issuance to their business, payment fintechs going through authorisation, crypto groups that want to issue a euro stablecoin and issuers established outside France that choose to set up there. It has advised several stablecoin issuers. The practice is ranked in Chambers FinTech and recognised by Leaders League.

A lawyer brings to a stablecoin issuance what a consultant cannot: the legal classification of the token and of the services around it, legal professional privilege over the project and its structure, and professional liability for the advice given. Our combined practice in payments and crypto-assets lets us handle in a single file the status of the issuer, the white paper, the distribution agreements and the exchanges with the ACPR. Our technical understanding of blockchains and smart contracts makes it easier to work with the teams that design the token.

A partner leads every matter, from scoping the project through to the life of the token.

ORWL Avocats’ Regulatory practice

ORWL Avocats is recognised for its work with crypto-asset issuers, with payment and electronic money institutions before the ACPR and with providers of payment services involving crypto-assets. The firm also advises trading platforms and crypto-asset service providers on all their regulatory matters.

Discuss your stablecoin with a partner

Frequently asked questions on issuing a stablecoin

An EMT references the value of a single official currency. An ART references another value or a combination of values, which may include several currencies. The issuer of an EMT must be a credit institution or an electronic money institution; the issuer of an ART, unless it is a credit institution, obtains its own authorisation, granted in France by the ACPR.

MiCA does not create an authorisation specific to EMTs. The issuer must be authorised as a credit institution or as an electronic money institution, then notify its white paper to its competent authority, the ACPR in France. An EMI that is already authorised checks that its programme of operations covers the issuance of the token.

Issuing an EMT does not require CASP authorisation. Holding crypto-assets for clients, exchanging them or transferring them, however, are crypto-asset services. An EMI may provide custody and transfer services for the EMTs it issues after notifying its competent authority; for other services, CASP authorisation remains necessary.

Yes. The holder of an EMT has a claim on the issuer. It may request redemption at any time, at par value, in funds and free of charge. The white paper must set out the conditions of redemption prominently.

The funds received remain protected under the electronic money rules. At least 30% are always deposited in separate accounts in credit institutions. The rest is invested in highly liquid financial instruments with minimal risk, denominated in the same currency as the token.

No. Neither the issuer nor CASPs may grant interest on an EMT. Any remuneration or other benefit linked to the length of time a holder keeps the token counts as interest, including a discount or compensation paid by a third party. Every reward programme should be analysed before launch.

The issuer notifies the ACPR of its intention at least 40 working days before the offer to the public or the application for admission to trading. It notifies the white paper at least 20 working days before publication. The ACPR does not approve the document: the issuer is answerable for it.

An EMT denominated in a currency that is not an official currency of a Member State is subject to specific monitoring rules. If its use as a means of exchange within a single currency area exceeds, on average, one million transactions and EUR 200 million per day, the issuer stops issuing it and submits a reduction plan to the ACPR within 40 working days.

The PSD3 and PSR package, still going through adoption, abolishes the electronic money institution status: the issuer will become a payment institution authorised to issue electronic money. Each institution will have to obtain a new authorisation within 21 months of PSD3 entering into force. The firm recommends preparing that application as soon as the texts are published.

Get in touch
Your contact details
Name of the project or company
About your project or needs
Would you like to add a document? Deck, description of your needs, useful documents – PDF only, 10 MB maximum
Select files or drag them here

    Posts

    Fichier métallique gris, une fiche tirée et frappée d’un tampon vermillon, pour le palmarès Futur du droit 2026
    Press
    26 October 2026
    Future of Law 2026: William O’Rorke selected by Institut Choiseul
    Double red wax seal pressed on a silver token – EMT dual licensing
    Press
    26 October 2026
    EMT dual licensing: study by William O’Rorke (RDBF)
    Balance de bureau portant un dé et une bande de cotation, pour la qualification des marchés de prédiction
    Press
    26 October 2026
    Classifying prediction markets: study by William O’Rorke (RDBF)