Skip to content

GLOSSARY · BLOCKCHAIN & WEB3

Whitepaper (MiCA)

What the crypto-asset white paper is under MiCA: mandatory content, notification to the supervisor and the issuer's liability.

WHAT IS IT? · FOR DUMMIES

Under MiCA, the whitepaper stopped being the marketing PDF of the ICO era: it is a regulated document with mandatory content that the issuer must notify to the supervisor before offering a crypto-asset to the public in the EU — and for which it is legally liable.

WHAT IS IT? · PRO

The MiCA crypto-asset white paper requires information on the issuer, the project, the rights and obligations of the token, the underlying technology and the risks — in clear language and without claims about future value that cannot be substantiated. It is notified to the competent authority (in Spain, depending on the crypto-asset, the CNMV or the Bank of Spain) and marketing communications must be consistent with its content — the direct link with the crypto advertising rules.

The usual boundary applies here too: if the token is a financial instrument, no MiCA whitepaper will do — the document is the securities-market prospectus. Classify first, document later: the classifier resolves the doubt in a minute.

01 / Key points

  • Mandatory MiCA document to offer crypto-assets in the EU
  • Prescribed content: issuer, project, rights, technology, risks
  • Notified to the supervisor; the issuer is liable for its content
  • If the token is a security, what applies is a prospectus, not a whitepaper

02 / Advantages

  • Consistent, enforceable information for the buyer
  • Notification, not prior approval: an agile process
  • Disciplines advertising: marketing must be consistent

03 / Disadvantages

  • Legal liability for omissions or false statements
  • Not a prospectus: less protection than in securities
  • Real drafting work that many projects underestimate