Under the new guidance, crypto service providers must implement technical and organizational controls to block clients from acquiring or increasing positions in tokens that fail to meet MiCA standards. The mandate spans a wide range of services, including order execution, portfolio management, investment advice, and custody. ESMA clarified that disclosures or customer warnings are insufficient to mitigate risks, as these assets lack the mandatory issuer protections required under European law.
National regulators retain discretion to permit limited "exit-only" services, such as withdrawals, conversions, or transfers, to prevent customer harm during the transition. However, these functions must not facilitate new trading activity or promote the use of unauthorized tokens. This approach builds upon earlier 2025 guidance, shifting from a focus on public offerings to a comprehensive restriction on all regulated services involving non-compliant assets. ESMA is currently working with national competent authorities to monitor enforcement and has signaled that it may seek formal legislative amendments to codify these prohibitions directly into MiCA.

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