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Following欧盟监管机构审查币安离岸服务合规性，MiCA牌照申请悬而未决
欧洲监管机构正在深入审查币安（Binance）向欧盟客户提供的离岸服务，并要求其就这些服务在《加密资产市场法规》（MiCA）框架下的法律依据提供解释。目前，币安已撤回其在希腊的牌照申请，并通知欧洲客户相关限制措施，同时正寻求在其他欧盟成员国获得授权。
监管审查与法律基础争议
据《金融时报》报道，监管机构正在调查币安是否可以通过离岸实体合法地向欧洲客户服务，而无需持有MiCA牌照。当局要求币安提供法律依据，以证明其通过“反向招揽”（Reverse Solicitation）机制服务的合法性。该机制要求客户必须独立发起服务请求，且服务提供商不得进行针对性营销。如果币安违反这些限制，可能会面临潜在的处罚。
欧洲证券和市场管理局（ESMA）以及法国、德国和希腊的监管机构正在审查币安对该条款的使用情况。然而，目前的问询并不直接认定违规，任何执法行动都将取决于对交易所具体活动性质的调查结果。
牌照过渡期结束与运营调整
Binance's operations in Europe are currently lacking the necessary licenses due to the fact that it was not authorized before the end of the MiCA transition period. The company had previously sought approval in Greece, but withdrew its application before obtaining authorization from national regulators. At the time, Binance said the Greek authorities had not yet made a formal decision on its license application, so it described the withdrawal as a precautionary measure to allow it to continue the authorization process through other EU member states.
Meanwhile, Binance had notified affected European customers of the planned restrictions and provided withdrawal guidance before the license deadline expired. However, it is reported that some customers can still retain transaction access through overseas entities, including an Abu Dhabi operation that serves European users. Such arrangements have attracted the attention of regulators because authorizations obtained outside the EU cannot be equated to MiCA licenses.
Customer Access Review under the "Reverse Solicitation" Rule
Under MiCA Article 61, overseas providers can qualify for exemptions when the customer initiates the required service completely independently. However, the clause strictly limits how such companies can attract European customers and what additional services they can subsequently market.
European regulations clearly stipulate that relationships established by solicitation, promotion or advertising to customers within the EU are not covered by the exemption, regardless of the communication method used. In addition, these restrictions also cover affiliated companies and third-party bodies that represent overseas providers in finding European customers. Even if there is a contractual statement, if the company actively solicits business within the EU, it cannot change the facts of the customer acquisition process. In addition, independently initiated relationships do not give providers unlimited rights to market new services or asset types.
These conditions make customer acquisition practices one of the core focuses of the review and also address the legal basis for offshore service arrangements. If authorities determine that Binance's activities exceed the scope of the exemption, they may impose financial penalties or take other enforcement measures.
Follow-up Outlook
Binance stated that it complies with applicable requirements in all operating jurisdictions and is advancing authorization work under the European regulatory framework. Its license applications are separate from regulators 'review of how its overseas entities are currently providing services to European customers. As the MiCA license Pending status continues, the market will continue to pay attention to how Binance maintains its European business layout under the premise of compliance.
