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‘We Are DeFi, so MiCA Does Not Apply to Us.’ Sorry, but EBA and ESMA Have a Different Point of View

‘We Are DeFi, so MiCA Does Not Apply to Us.’ Sorry, but EBA and ESMA Have a Different Point of View

European regulators, including EBA and ESMA, assert that DeFi projects are not exempt from MiCA regulations, despite claims of decentralization. They focus on operational control rather than technical architecture, making the "fully decentralized" exemption narrowly applicable. This interpretation emphasizes that DeFi projects must comply with MiCA if regulators determine they retain operational control, challenging the notion of complete decentralization.

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