Questions about authorisation requirements

Specific legal questions regarding the authorisation requirements for CASPs that are crucial to the submission or transmission of an application as a CASP and can be answered without in-depth knowledge of the business model may be submitted to the FMA before filing a (preliminary) application pursuant to Article 63 MiCAR or before a notification pursuant to Article 60 MiCAR. Such enquiries should be sent to casp[at]fma-li.li along with an analysis and a reasoned conclusion.

Please note that responses at this stage are not legally binding, firstly because the full facts of the case are not yet known, and secondly because the FMA cannot pre-empt a decision in subsequent proceedings. A legally binding assessment can be made only based on a complete set of facts within the framework of subordination enquiries or licensing and supervisory procedures.