Can I Get a MiCA CASP License Without EU Residency?

The answer involves navigating specific MiCA substance requirements designed to prevent “letterbox” companies. While you do not need to be an EU citizen to own a crypto company, the company itself must have a genuine physical presence in the Union.

This guide explains the residency rules for a MiCA license for non-EU residents, the costs of compliance, and why reliance on reverse solicitation is a dangerous strategy for 2026.

The residency reality check

The short answer is no; you cannot obtain a MiCA license directly through a non-EU entity. To serve the European crypto market, you must establish a legal person within one of the 27 EU member states.

According to Article 59 of the regulation, crypto-asset service providers must have a registered office in a Member State where they carry out at least part of their crypto-asset services. This means your existing entity in the British Virgin Islands or Delaware cannot simply “register” with a European regulator. You must incorporate a local subsidiary, such as a Poland Sp. z o.o. or an Estonian OÜ.

However, the beneficial owners (UBOs) do not need to be EU residents. The regulation allows you to own 100% of the company from anywhere in the world, provided the company itself has a physical and legal heartbeat in Europe. The regulators focus on the operational substance of the entity rather than the passport of the shareholder.

What is substance under MiCA?

Substance is no longer just a legal address and a desk. For a successful CASP authorization, regulators look for three specific pillars defined in the text of the regulation.

The legal entity

Your company must be incorporated in a member state. You cannot operate through a branch of a non-EU firm without first establishing a presence that meets EU standards.

The resident director

This is the most critical requirement for offshore founders. Article 59 explicitly states that “at least one of the directors shall be resident in the Union”. This individual must pass the “fit and proper” test, demonstrating sufficient knowledge and experience in financial services. You cannot simply appoint a nominee who lacks understanding of the business.

Effective place of management

This means that the core strategic decisions and the daily management of the crypto services must actually happen within the EU. Recital 74 clarifies that the place of effective management is where “key management and commercial decisions that are necessary for the conduct of the business are taken”. You cannot simply have a “nominal” director who signs documents twice a year while all decisions are made in Dubai.

Related reading: Rules of Publishing a Crypto White Paper Under MiCA

The cost of non-EU founders

For entrepreneurs based in the USA, UAE, or Asia, the “substance package” involves specific operational costs that must be factored into the 2026 budget. To meet the MiCA resident director requirement, you must allocate resources for local personnel.

Director salaries

A qualified EU-resident director typically commands a salary or retainer starting from 3,000 EUR to 7,000 EUR per month depending on the jurisdiction. This person bears personal liability for the company’s compliance, which justifies the cost.

Local compliance staff

You will likely need a local Money Laundering Reporting Officer (MLRO) to handle interactions with the national regulator. MiCA requires adequate internal control mechanisms and procedures to comply with anti-money laundering regulations.

Physical office space

Regulators require a dedicated space where company records are kept and where staff can actually work. A virtual office address is generally insufficient for a regulated financial institution.

Professional fees

Legal and accounting support for a non-resident-owned EU company usually ranges from 10,000 EUR to 25,000 EUR annually for ongoing compliance. This ensures your setup EU subsidiary for MiCA remains in good standing with local authorities.

Related: How Much is the CASP License in the Czech Republic?

Reverse solicitation: the dangerous alternative

Many non-EU founders ask if they can skip the license and rely on “reverse solicitation”. Under the 2026 guidelines, this is an extremely narrow path.

Article 61 of MiCA states that if a client established in the Union initiates the service at their own “exclusive initiative,” no authorization is required. However, this exemption is void if you solicit clients in the Union.

If a third-country firm markets, promotes, or advertises crypto-asset services in the Union, it is not considered reverse solicitation. This applies regardless of the means of communication used. Relying on this exception prevents you from marketing, having a website in a local language, or running any ad campaigns targeting EU users.

Contact LegalBison today to structure your EU market entry and find the right jurisdiction for your MiCA substance requirements.