Guide

MiCA grandfathering: the transitional period ended on 1 July 2026

Updated

The most common thing written about MiCA in 2025 is now out of date. The grandfathering window is closed, everywhere, and what replaced it is a simple binary: authorised, or winding down.

What Article 143(3) said

"Crypto-asset service providers that provided their services in accordance with applicable law before 30 December 2024, may continue to do so until 1 July 2026 or until they are granted or refused an authorisation pursuant to Article 63, whichever is sooner." Member states could decline to apply the regime, or shorten it, where they considered their pre-existing national framework less strict, and had to notify the Commission and ESMA by 30 June 2024 (Regulation (EU) 2023/1114).

The national periods ESMA published

Grandfathering periods notified to ESMA under Article 143(3), running from 30 December 2024
LengthStates
6 monthsLatvia, Hungary, Netherlands, Poland, Slovenia, Finland
9 monthsSweden
12 monthsGermany, Ireland, Lithuania, Austria, Slovakia, Norway
18 monthsBelgium, Bulgaria, Czechia, Denmark, Estonia, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, Portugal, Romania, Iceland, Liechtenstein

Source: ESMA, list of grandfathering periods decided by member states under Article 143. ESMA's own caveat is worth repeating: some periods were communicated as national authorities' expectations and may not all have been written into national law at the time of publication. Several states also imposed application cut-offs to qualify at all, including 31 July 2025 in Czechia, 8 October 2025 in Bulgaria and 30 December 2025 in Italy for entities on the AML register.

What ends the window early

Two things, and both are in the text. A grant of authorisation ends it, obviously. So does a refusal: Article 143(3) says "granted or refused", so a firm whose application fails does not get the balance of the calendar to keep trading. The other transitional dates in Article 143 are separate and still live: operators of trading platforms have until 31 December 2027 to ensure a white paper exists, is notified and is published for crypto-assets admitted to trading before 30 December 2024 (Article 143(2)(b)).

What ESMA said as the window closed

In June 2026 ESMA set out its expectations for the end of the transitional period: providers without authorisation should have credible and immediately executable wind-down plans, and should have implemented them, including transferring clients' crypto-assets to an authorised provider or to self-hosted wallets. Authorised providers were expected to prepare for migrating those clients with onboarding that meets anti-money laundering requirements. ESMA also warned retail holders that not all current providers would be authorised after 1 July 2026 and told them to check the register (AMF summary of the ESMA statement, 23 June 2026).

If a provider is still serving EU clients today without an Article 63 authorisation or an Article 60 notification, the transitional argument is no longer available to it. Check the ESMA register before assuming otherwise.

Questions, answered directly

Is MiCA grandfathering still available?

No. Article 143(3) capped the transitional regime at 1 July 2026 and that date has passed. Member states could and did shorten it: ESMA's published list records national periods of 6, 9, 12 and 18 months from 30 December 2024.

What happens to a firm that never applied?

It loses the right to provide crypto-asset services in the Union under Article 59. ESMA's expectation, published in June 2026, was that such firms would have already executed wind-down plans and moved clients' assets to an authorised provider or to self-hosted wallets.

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