Last reviewed: October 20, 2026.
On October 8, 2026, the European Securities and Markets Authority (ESMA) published an opinion addressed to national supervisors: crypto-asset service providers authorized under MiCA should not provide services in stablecoins that do not comply with the regulation. If you hold these tokens on an exchange operating in the EU, you will probably receive notices over the coming weeks and some features may stop working. Here is what ESMA actually says and what options you will have for your balance.
What ESMA Has Published
The document is titled Opinion on the provision of crypto asset services in relation to non-MiCA-compliant asset-referenced tokens and e-money tokens (reference ESMA75-113276571-1742). ESMA addresses it to national competent authorities (in Spain, the CNMV) so that they all supervise in the same way.
It is not a new regulation. It is a supervisory opinion based on Article 29(1)(a) of the ESMA Regulation. But it sets out what ESMA expects supervisors to require from providers that already hold a license, and providers tend to adjust their services to those expectations.
What a "Non-MiCA-Compliant" Stablecoin Is
MiCA (Regulation (EU) 2023/1114) distinguishes two types of tokens that aim to keep a stable value:
- E-money tokens (EMTs): referenced to a single official currency, such as the euro or the dollar.
- Asset-referenced tokens (ARTs): referenced to another value or a combination of values.
ESMA's press release also calls them stablecoins. To offer them to the public or have them admitted to trading in the EU, the issuer must comply with Titles III or IV of MiCA: authorization, asset reserves, redemption rights, governance and disclosure. ESMA treats a token as "non-compliant" when those conditions are not met, taking into account any applicable exemptions and transitional arrangements.
The opinion does not name any specific token. If you want to know whether a stablecoin complies with MiCA, check ESMA's register or ask your provider; do not rely only on what you read on social media.
What Exchanges Must Stop Doing
According to ESMA, providing any service in a non-compliant stablecoin exposes clients to risks that the provider itself cannot manage, because the safeguards MiCA requires from the issuer are missing. It therefore presumes those services are incompatible with the duty to act in the best interests of clients (Article 66(1) of MiCA).
The expectation covers all MiCA services: trading platforms, exchange, execution and reception of orders, placing, advice, transfers, custody and portfolio management. Providers must put technical, contractual and organizational controls in place so that EU clients cannot buy or increase positions in those tokens.
ESMA adds that warnings, risk disclosures or client acknowledgements are not enough: in its view, users are unlikely to be able to assess what the absence of all those safeguards means.
What Happens to Your Balance
The opinion does not provide for your tokens to be taken away. What it provides for is an orderly wind-down. While providers adapt, supervisors may allow residual services strictly limited to:
- selling or liquidating the position;
- converting it into another asset;
- withdrawing it or transferring it to another address;
- keeping it in custody.
These services cannot be used for new purchases, promotion or trading. They must be time-limited, clearly communicated to clients and closely supervised.
The Three-Month Limit
When a supervisor identifies legacy exposures, it should require them to be remediated as soon as possible and no later than three months after publication of the opinion. Counting from October 8, 2026, that puts the limit around January 8, 2027. It is a maximum for supervisors: your exchange may set shorter deadlines, so read its emails and notices carefully.
What You Can Do Now
- Check which stablecoins you hold on each exchange and ask your provider whether any will be affected.
- Decide early. The usual options will be converting the balance into another asset, selling it, or withdrawing it to your own wallet or to another provider. If you move it to self-custody, remember the tokens will still lack MiCA's safeguards.
- Keep the records: conversion or sale confirmations, transaction IDs (TxIDs) and destination addresses. In Spain, swapping one crypto-asset for another can have personal income tax consequences; check your situation with an adviser.
- Be wary of urgent messages. Genuine notices come through your provider's official channels. Nobody from ESMA or the CNMV will ask you for keys or transfers.
If your bank later asks where the money came from, that trail of conversions and withdrawals is what will let you explain it. FundsOrigin analyzes your wallet's public address and produces a PDF report you can attach to your documentation; whether to accept it is always up to the institution. Analyze your wallet and see the available options →
Sources
- ESMA, press release of October 8, 2026: "ESMA sets out supervisory expectations on services related to unauthorised stablecoins"
- ESMA, opinion ESMA75-113276571-1742 (PDF)
- Regulation (EU) 2023/1114 (MiCA), EUR-Lex
- ESMA, MiCA page and interim register
This content is for information only and does not constitute legal, tax or investment advice. Specific dates and conditions depend on your provider and your supervisor. Check your situation with a professional.
