Crypto Lawyer Romania — MiCA, Token Issuance, Tax
Romania is one of the most attractive EU jurisdictions for crypto under MiCA. We help token issuers, exchanges, custody providers and Web3 founders set up CASP-authorized entities and stay compliant.
Industry challenges we solve
MiCA full applicability (Dec 2024 → 2026)
Every Crypto-Asset Service Provider operating in or into the EU needs CASP authorization. Transitional periods end in 2026.
AML/KYC under EU AMLR 2024/1624
From July 2027 — but national transposition starts now. Romanian ONPCSB supervises all CASPs.
Crypto tax — 10% on gains (≤ EUR 200/transaction exempt)
Per Romanian Tax Code Art. 116. Disposal includes crypto-to-crypto swaps. CASB requires accurate FIFO/LIFO tracking.
Token classification ambiguity
Utility, payment, asset-referenced, e-money — each MiCA category has different obligations. Mis-classification triggers retroactive penalties.
Services we provide
MiCA CASP authorization
Full file with ASF (Financial Supervisory Authority): business plan, governance, capital, AML program, IT security, custody arrangements.
Token classification opinion
Legal opinion classifying your token under MiCA Title II (ARTs), Title III (EMTs), or as a utility token outside MiCA scope.
White paper + marketing communications review
MiCA Art. 6 white paper drafting, ASF notification, and marketing material compliance.
AML/KYC program
Risk assessment, customer due diligence procedures, transaction monitoring, suspicious transaction reporting to ONPCSB.
DAO/Foundation structuring
Romanian Foundation (Fundație) or Association for token treasuries, governance and grant programs.
Crypto tax & accounting
FIFO computation, ANAF declaration (Decl. 200/212), staking/airdrop treatment, mining classification.
Applicable regulations
MiCA (Reg. EU 2023/1114)
Markets in Crypto-Assets — fully applicable from 30 Dec 2024. Romanian competent authority: ASF.
Official source →Romanian Law 129/2019 (AML)
Currently governs Romanian VASPs; replaced by AMLR from 2027.
Tax Code Art. 116
10% flat tax on crypto gains; per-transaction exemption up to EUR 200 (annual cap EUR 600).
EU Transfer of Funds Regulation 2023/1113
Travel Rule — KYC data must follow every crypto transfer over EUR 1,000.
Frequently asked questions
Can I get a CASP license in Romania?
Yes. ASF (Autoritatea de Supraveghere Financiară) is the competent MiCA authority. License is passportable across the EU/EEA.
What is the minimum capital for a Romanian CASP?
Depends on services: EUR 50,000 (custody/order execution), EUR 125,000 (trading platform), EUR 150,000 (placement).
Is crypto trading taxed in Romania?
Yes — 10% on net gains. Transactions ≤ EUR 200 individual value are exempt up to EUR 600/year cumulative.
Can I launch a token from a Romanian SRL?
Yes for utility tokens outside MiCA scope. For ARTs/EMTs, you need a credit institution or e-money license. We advise on optimal structure.
Need Crypto & Web3 legal counsel in Romania?
Introductory consultation in English — we'll map your regulatory exposure and a realistic compliance plan.