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Glossary / Regulation & tax

National competent authority

Also known as NCA, Competent authority.

What is a national competent authority?
A national competent authority is the body a Member State designates to authorise and supervise crypto firms under MiCA, and one country may designate more than one.

MiCA Article 93 requires every Member State to designate one, and to notify EBA and ESMA of the choice. Article 94 lets that authority suspend a crypto-asset service for up to 30 consecutive working days on any single occasion. For a buyer, it is the office that decided your exchange may trade at all.

How it works

MiCA's own definition of competent authority, in Article 3(1)(35), is deliberately plural: "one or more authorities". Point (a) covers the authorities a Member State designates under Article 93 for offerors, for persons seeking admission to trading, for issuers of asset-referenced tokens and for crypto-asset service providers. Point (b) covers a separate designation, made under Directive 2009/110/EC, for issuers of e-money tokens. A country can therefore run two supervisors at once, which is why the phrase "the NCA" quietly hides a question about which kind of token you are asking about.

Article 93(2) handles the mess that creates. Where a Member State names more than one authority, it has to divide the tasks between them and designate one as the single point of contact for cross-border administrative cooperation, both between national authorities and with EBA and ESMA, and it may pick a different single point of contact for each type of cooperation. Article 93(3) then puts the outcome in public: ESMA publishes the list of designated authorities on its website.

Designation is not a title. Article 94 hands the authority supervisory and investigative powers that bite directly on a trading venue: requiring any person to produce information and documents, suspending a crypto-asset service for a maximum of 30 consecutive working days on any single occasion where an infringement is suspected, prohibiting the service outright once an infringement is found, and ordering immediate cessation without prior warning where there is reason to assume a firm is operating with no authorisation at all.

Where you see it

Finland shows what a national competent authority designation looks like once it is switched on. The Financial Supervisory Authority (FIN-FSA) states on its crypto-asset authorisations page that authorisation must be applied for from the competent authority of the applicant's home Member State, and that the competent authority in Finland is the FIN-FSA. Its published clock runs in working days: five to acknowledge that an application arrived, 25 to judge whether the file is complete, then 40 for the substantive assessment, with only the first request for clarification pausing that period, for a maximum of 20 working days.

Those numbers are not a Finnish invention. They are MiCA Article 63's clock, which every designated authority runs: the acknowledgement is Article 63(1), the completeness check Article 63(2), and the substantive assessment Article 63(9), which also requires a fully reasoned decision granting or refusing authorisation. The pause is Article 63(12), where only a request made by the 20th working day suspends the period, and only the first one does. What a designation supplies is the office that runs the clock.

National competent authority vs ESMA register

A national competent authority decides; an ESMA register reports. Granting or refusing an authorisation is Article 63, withdrawing one is Article 64, and suspending a service is Article 94(1), point (b); every one of those is an act of the national authority. The EU-level register of crypto-asset service providers is a separate instrument, created by Article 109(1), point (d), published on ESMA's website and updated from what competent authorities communicate to it. The list Article 93(3) requires is narrower still: it names the designated authorities themselves, not firms. Checking a firm against the register is a fast first pass, and Article 109(5), point (c), is what makes it useful, because the entry carries the name, address and contact details of the competent authority that granted the authorisation. That is the office that can answer for the firm, and the one an aggrieved client writes to.

Not to be confused with

Frequently asked questions

Can one country have more than one national competent authority?

Yes. MiCA Article 3(1)(35) defines the competent authority as one or more authorities, and Article 93(2) requires a Member State that designates several to divide their tasks and name one as the single point of contact for cross-border cooperation.

Which authority is the national competent authority in Finland?

The Financial Supervisory Authority, the FIN-FSA. Its crypto-asset authorisations page states that authorisation must be applied for from the competent authority of the applicant's home Member State, and that the competent authority in Finland is the FIN-FSA.

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