Forms

Applicants for a licence should start by completing the forms and submitting them with the checklist and accompanying management letter via Cryptshare and adressing it to crypto@afm.nl.

General guidance for submitting the application

A good quality documentation package will reduce the need for iterations and enable a more efficient authorization procedure for both the AFM and the applicant. The authorisation form should focus on clear argumentation on how the applicant complies with MiCAR-rules and include specific references (page numbers) to supporting documentation to evidence this claim.

Forms

CASP authorisation: document overview

• Cover note
  1. Management letter
  2. Attention points
  3. Documentation overview

• Authorisation form CASP-license, including:
  1. General information
  2. Programme of operations
  3. Governance arrangements
  4. Risk management and compliance, incl. IT/DORA*
  5. Business continuity
  6. Segregation of funds and crypto-assets
  7. AML (Wwft), Sanctions (Sanctiewet), incl. TFR**
  8. Prudential safeguards and qualifying holdings (DNB)

• Checklist CASP-license application

* CASPs are in scope of the Digital Operational Resilience Act, which applies per 17 January 2025, so we expect CASP’s are already preparing. MiCAR also directly refers to DORA in some areas.

** We expect updated AML & Sanctions-policy and SIRA, including information on TFR-compliance

CASP-notification

• CASP-notification form
• Checklist CASP-notification

Fit and proper assessments

Day to day policymakers and supervisors of CASPs are assessed against the requirements set out in the joint guidelines of ESMA and EBA regarding the assessment of the suitability of members of the management body under the MiCA regulation (these guidelines largely align with the standards in the Policy rule on suitability 2012, allowing elements of that policy rule to be incorporated as additional input into the assessment). These guidelines include criteria relating to, among other things, the reputation, knowledge, skills, experience, and time commitment of members of the management body.
For the fit and proper assessments, applicants must submit the following documentation for each member of the management board (executive directors) and each member of the supervisory board (non executive directors) of the CASP:

• Prospective appointment notification form
• Integrity screening form (only if not previously screened by the AFM or DNB or in case of new facts after previous screening)
• Declaration no antecedents (only if previously screened by the AFM or DNB, to state no new integrity related facts have occurred since then)
• Suitability matrix for policy makers
• Suitability matrix for supervisory board members (if applicable)
• Standardized curriculum vitae
• Copy ID
• Considerations regarding appointments
• Job profile
• Criminal records extract (if the person to be assessed has lived outside the Netherlands at any time in the last 8 years)
• Information as required in paragraph 7 of the Authorisation Form CASP-License (also after authorisation for subsequent fit & proper assessment)