EU industry body AFME on MiCA 2: critical to keep securities under MiFID II

The Association for Financial Markets in Europe (AFME) has formally opposed proposals to bring tokenized securities under the MiCA regulatory framework, arguing they should remain governed by MiFID II. AFME contends that shifting these assets to MiCA would create significant legal uncertainty, increase operational costs, and negatively impact market liquidity and collateral eligibility. The European Banking Authority (EBA) echoed these concerns, emphasizing that moving DLT-based securities to MiCA could disrupt existing banking authorizations and Basel prudential standards. A primary point of contention involves the ambiguity between asset-referenced tokens (ARTs) and tokenized money market funds. Despite the potential for confusion, the industry notes that zero ARTs have been authorized to date, making a legislative overhaul appear premature. AFME also advocated for adjustments to stablecoin concentration limits and clarified that tokenized deposits should remain under established banking frameworks. This debate is critical for the RWA market as it determines whether tokenized financial instruments will operate under established securities laws or a new, potentially restrictive crypto-specific regime. Maintaining the MiFID II status quo is viewed by industry leaders as essential for ensuring the seamless integration of tokenized assets into traditional financial systems.