Menu
Black official rubber stamp hovering above a coin on a red disc, cream background

Crypto-assets and MiFID II

William O’Rorke, Founding Partner at ORWL Avocats
Updated 12 November 2026
William O’Rorke
Partner

MiCA governs crypto-assets; MiFID II and fund law govern financial instruments. A CASP adding financial services, a bank opening its services to crypto-assets or a promoter tokenising a money market fund must each know which status covers the project. ORWL Avocats, a Paris law firm, helps you choose the most direct route and represents you before the French regulators.

Which status for which project?

Where you start matters as much as what you plan. An institution already authorised has access, for some crypto-asset services, to a notification procedure that MiCA reserves for financial entities. A CASP has no shortcut to investment services: it needs an authorisation or an authorised partner. A token that represents a fund unit remains a fund unit, governed by fund law.

You areYou want toThe routeOur page
Authorised CASPOffer investment services: transmission of orders, advice, portfolio managementAuthorisation as an investment firm, or a partnership with an authorised institutionCASPs offering financial services
CASP or crypto fintechOffer crypto-asset derivatives: CFDs, perpetualsFinancial instruments regime, outside MiCACrypto-asset derivatives
CASP, payment institution or fintechDistribute tokenised money market fund unitsA status that allows fund units to be marketed, or a partnershipTokenised money market funds
Bank, investment firm, electronic money institutionProvide crypto-asset servicesNotification to the ACPR, with the AMF’s opinion, within the limits of its statusNotifying crypto-asset services
Asset manager, market operator, central securities depositoryProvide crypto-asset servicesNotification to the AMF, within the limits of its statusNotifying crypto-asset services
Financial institutionA crypto-asset service its status does not coverCASP authorisation for that service, or an authorised subsidiaryObtaining CASP authorisation

Which route for your project?

Are you already authorised as a bank, investment firm, asset manager, electronic money institution or market operator?
yes
Notification for the services your authorisation covers; CASP authorisation for the others.
no
Does your offer involve financial instruments: derivatives, fund units, tokenised securities?
yes
MiFID II regime: authorisation as an investment firm, or a partnership with an authorised institution.
no

How can a CASP offer financial services?

Clients of crypto-asset service providers (CASPs) ask for products that MiCA does not cover: leveraged derivatives, money market fund units, tokenised securities. A CASP authorisation does not allow a provider to offer them, because they are financial instruments and the services built on them are investment services. A CASP has three routes:

  • apply for authorisation as an investment firm, granted in France by the ACPR (Autorité de contrôle prudentiel et de résolution, the French banking and insurance supervisor) once the AMF (Autorité des marchés financiers, the French financial markets regulator) has approved the programme of operations; the CASP then holds two statuses whose rules must be reconciled;
  • become a tied agent of an investment firm, to receive and transmit orders, place financial instruments or give advice on that firm’s behalf and under its responsibility;
  • enter into a distribution partnership with an authorised institution that provides the service itself, the contract setting out what the CASP may say and do with its clients.

Derivatives call for particular care. A CFD or a perpetual contract on bitcoin remains a financial contract: marketing it requires investment firm status and is subject to the restrictions on leveraged products, which the firm details in its article Un CFD sur cryptomonnaies reste un CFD (in French).

ORWL Avocats helps the CASP choose its route, apply for authorisation and draft partnership agreements, then reconcile its obligations under MiCA and MiFID II. The firm also advises crypto-asset service providers throughout their regulatory life.

How can banks, investment firms and asset managers provide crypto-asset services?

MiCA gives financial entities that are already authorised a shorter route than CASP authorisation: notification. A credit institution, an investment firm, an electronic money institution (EMI), a UCITS management company or alternative investment fund manager (AIFM), a market operator or a central securities depository (CSD) may provide the crypto-asset services its status covers, after notifying the competent authority of its home Member State at least 40 working days before starting.

For entities authorised in France, credit institutions, investment firms and EMIs notify the ACPR, which obtains the AMF’s opinion; asset management companies, market operators and CSDs notify the AMF (Article L. 54-10-7 of the French Monetary and Financial Code, in French). The file contains most of the items of an application for authorisation, and the notifying entity becomes a CASP subject to MiCA, except for the rules on authorisation, own funds and shareholders.

For a service its status does not cover, the institution may apply for CASP authorisation or place the activity in an authorised subsidiary. ORWL Avocats handles MiCA Article 60 notifications, from the equivalence analysis to ongoing compliance.

Tokenised money market funds: which regime?

Asset managers now record money market fund units on blockchains. On 19 March 2026, Amundi and Spiko announced SAFO (in French), a tokenised fund designed for treasury management.

The token does not change the nature of the unit. The fund remains a money market fund, managed by an authorised management company, with its assets held by a depositary. Its units may be recorded in a DEEP (dispositif d’enregistrement électronique partagé, the French shared electronic ledger regime) and circulate as tokens; fund law governs its creation, management and marketing, and MiCA does not apply.

For a CASP or a payment institution, these units give clients a money market return that a stablecoin cannot offer: MiCA prohibits both the issuer of an e-money token and CASPs from granting interest on it. Distributing these units still requires a suitable status or partnership.

ORWL Avocats advises promoters and management companies on structuring the tokenised fund, and distributors on their choice of status. The firm also advises on tokenising other real-world assets.

Crypto-asset or financial instrument: where to start?

Every project starts with the classification of the token. MiCA excludes financial instruments from its scope; a token that confers no financial right falls under MiCA, even when it circulates between finance professionals. The analysis looks at the rights the token confers, whatever its form.

The firm issues legal opinions on token classification under MiCA, which platforms, banking partners and regulators ask for. ESMA’s guidelines on classification and the other MiCA implementing texts are listed in the firm’s MiCA tracker.

How ORWL Avocats supports you

Each engagement follows the same sequence, adapted to the client’s starting point:

  • classification of each service and each token under MiCA and MiFID II;
  • choice of route: notification, authorisation, extension of authorisation, partnership or subsidiary;
  • the file, then exchanges with the AMF and the ACPR until the decision or the first service;
  • ongoing compliance, with distribution agreements and the reconciliation of both sets of rules.

Does your project fall under MiCA, MiFID II or both?

A partner reviews your status, the services you plan and your timetable, then proposes the most direct route.

Let’s talk about your project

Why work with ORWL Avocats?

Since 2018, ORWL Avocats has handled dozens of authorisations before the AMF and the ACPR, first under the French PSAN regime (the registration regime for digital asset service providers that applied before MiCA), then under MiCA, for platforms, custodians, brokers, fintechs adding crypto-asset services and financial groups notifying their services. The firm is ranked by Chambers FinTech and Leaders League. It takes part in industry work within ADAN (Association pour le développement des actifs numériques, the French digital asset industry association), on whose board one of its partners sits.

A lawyer specialised in banking and financial law applied to crypto-asset services brings what a consultant cannot: a legal classification of each service, backed by professional liability; professional secrecy, which protects exchanges and analyses; the drafting of partnership and distribution agreements; a position defended before the regulator on the client’s behalf.

Every matter is handled by a partner.

ORWL Avocats’ Regulatory practice

ORWL Avocats advises crypto-asset service providers, financial institutions and asset managers on their regulatory steps, from authorisation to ongoing compliance, as part of its practice of banking and financial law applied to crypto-assets.

Crypto-asset regulatory lawyers in France

Frequently asked questions on crypto-assets and MiFID II

Not with a CASP authorisation alone. A CFD or perpetual contract on a crypto-asset is a financial instrument: marketing it requires investment firm status, or the use of an authorised firm. The rules on leveraged products also apply.

Not for the services MiCA opens to its status. It notifies them to the competent authority of its home Member State at least 40 working days before providing them; in France, the ACPR, with the AMF’s opinion. The file is close to an application for authorisation, and the bank becomes a crypto-asset service provider subject to MiCA.

It is a money market fund whose units are recorded on a blockchain and circulate as tokens. The fund keeps its regime: an authorised management company manages it, a depositary holds its assets, and its marketing follows the rules for funds. Its units remain financial instruments, outside the scope of MiCA.

No. An e-money token gives its holder a claim for redemption against the issuer, which may not pay any interest. A money market fund unit gives a share of the fund’s assets: its value follows those assets and includes their return.

Not under its CASP authorisation alone, since these units are financial instruments. It needs a status that allows them to be marketed, or a partnership with an eligible institution whose contract sets out each party’s role. ORWL Avocats helps choose the route and drafts these agreements.

The analysis looks at the rights the token confers, whatever its form. A token that gives a financial right against its issuer or over the income of an asset is in principle a financial instrument, outside the scope of MiCA. ESMA’s guidelines on this classification guide the analysis, which the firm sets out in a legal opinion.


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

    A businessman with a suitcase stands on a red-and-white border barrier beside a checklist board, illustrating a non-EU group’s entry into the French crypto market
    Articles
    11 November 2026
    Checklist for a non-EU group entering the French crypto market
    Collage surréaliste : un grand œil orange domine des tuyaux pneumatiques reliant des bureaux à un poste central, image de la collecte des données des PSCA par MIDAS
    Articles
    7 November 2026
    How a CASP prepares for ESMA’s MIDAS reporting
    ESMA opinion non-MiCA stablecoins
    Articles
    7 November 2026
    ESMA’s opinion on services linked to non-MiCA stablecoins