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Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →In the EU, a non-MiCA-compliant stablecoin may become unavailable to buy, trade or exchange through a crypto-asset service provider (CASP), but that does not automatically mean the provider must stop holding it for clients or allowing transfers. ESMA said in January 2025 that mere custody and transfer should remain possible. That is a supervisory expectation—not a guarantee that every provider will support every token, network or withdrawal route.
What does “non-compliant stablecoin” mean under MiCA?
“Stablecoin” is a common label, not the legal category that decides which rules apply. MiCA includes two main categories of stablecoin: e-money tokens (EMTs), which purport to maintain a stable value by referencing one official currency, and asset-referenced tokens (ARTs), which reference another value or right, or a combination, as defined by the regulation. A token’s name or stated peg alone does not settle its classification or compliance status. See Regulation (EU) 2023/1114.
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The relevant questions are how the token is classified, whether its issuer and offer or admission to trading meet the applicable MiCA requirements or a transitional regime, and what service the CASP is providing. If classification is uncertain, ESMA’s 17 January 2025 statement says CASPs should consult their relevant national competent authority.
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Which services may be restricted, and which should remain possible?
ESMA’s statement focuses on services that make a non-compliant ART or EMT available for trading or facilitate its acquisition. It distinguishes those services from mere custody and transfer. The practical distinction is between acquiring or trading the token through a provider and holding or moving tokens already held.
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| Service | ESMA’s stated treatment | What it means for a holder |
|---|---|---|
| Platform trading or making the token available for trading | Expected to stop for non-compliant ARTs and EMTs. | A listing, buy button or other trading access may be removed. ESMA statement, 17 January 2025. |
| Receiving or transmitting orders, executing orders, or exchanging the token for funds or other crypto-assets | Expected to cease where the service constitutes an offer to the public. | A provider may restrict transactions that facilitate a new acquisition. ESMA statement, 17 January 2025. |
| Sell-only service | Could be maintained until the end of Q1 2025 as a transition measure. | This was a time-limited part of the announced transition schedule, not an ongoing entitlement. ESMA statement, 17 January 2025. |
| Mere custody and transfer | ESMA said these should remain possible. | Holding or moving an existing balance is distinct from buying or exchanging it, but provider support still varies. ESMA statement, 17 January 2025. |
| Transfer of client assets after a CASP’s authorisation is withdrawn | MiCA requires procedures for timely and orderly transfer of clients’ crypto-assets and funds to another CASP. | This is a separate provider-authorisation rule, not the stablecoin-specific restriction on trading or acquisition services. MiCA, Regulation (EU) 2023/1114. |
ESMA’s statement describes a supervisory expectation. It does not promise that every exchange or custodian will keep supporting a particular token, blockchain network, withdrawal route or service. A trading halt alone does not establish that custody has ended or that an on-chain transfer is impossible; an available withdrawal route does not mean that buying, exchanging or selling remains available through that provider.
What custody safeguards still apply?
MiCA’s ordinary custody obligations continue to matter independently of the restrictions on trading a non-compliant token. A CASP must safeguard clients’ ownership rights and prevent the use of their crypto-assets for the CASP’s own account. The regulation also sets requirements for custody agreements, position records, custody policies, segregation of client assets from the CASP’s own assets, and procedures to return assets or access means as soon as possible. See MiCA Article 70 and MiCA Article 75.
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If a CASP’s authorisation is withdrawn, MiCA separately requires the CASP to have procedures for transferring clients’ crypto-assets and funds to another CASP in a timely and orderly way. That rule concerns the provider’s authorisation status; it does not itself create a right to trade or exchange a non-compliant token.
Have the transition deadlines passed?
Yes. ESMA’s 17 January 2025 statement said existing acquisition-facilitating services should generally be restricted by the end of January 2025. It allowed a CASP to maintain sell-only service for longer, until the end of Q1 2025, to give EU investors time to liquidate or convert positions. ESMA expected national authorities to ensure compliance as soon as possible and no later than the end of Q1 2025. Those dates have passed; they are not a current grace period. See the ESMA transition schedule.
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For a token you hold now, check your CASP’s current notice for the services and routes it supports. Confirm separately whether you can keep the balance in custody, withdraw it, which networks are supported, and whether any conversion or sell-only option is currently available.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Does non-compliance remove a holder’s right to redemption?
MiCA gives holders of ARTs a permanent right to redemption against the issuer under the regulation’s terms. That is an issuer obligation; it does not guarantee that a particular exchange will convert the token for you or provide a specific withdrawal route. Do not assume this ART-specific rule applies to every EMT: check the applicable legal framework and issuer terms for the token you hold. See MiCA, Regulation (EU) 2023/1114.
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What should you check before acting?
- Identify whether the asset is an ART, an EMT or another type of crypto-asset; the word “stablecoin” does not determine its legal treatment.
- Read the provider’s current notice to distinguish trading and exchange restrictions from custody and withdrawal support.
- Check the exact token, network and destination route before starting a transfer; support for one network or service does not establish support for another.
- If classification or the provider’s obligations are unclear, ESMA’s statement points CASPs to the relevant national competent authority for classification questions.
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