Italy adapts national law to MiCAR, allocates competence between Consob and Banca d'Italia, and creates domestic investigation, enforcement, sanction and transition rules.
Current state: In force from 2024-09-14 alongside directly applicable MiCAR
Overview
Key Details
Jurisdiction
ItalyRegulator
Consob / Banca d'Italia
Law Type
Regulation
Status
In ForceOfficial Law Number
D.Lgs. 5 settembre 2024, n. 129
Official Title
Legislative Decree 5 September 2024, No. 129
Effective Date
September 14, 2024
Publication Date
September 5, 2024
Last Verified
August 26, 2026
Topics Covered
Who This Law Applies To
CASPs, crypto issuers and offerors, trading platforms, banks, investment firms, payment institutions and Italian customers.
Key Requirements
Key Requirements
MiCAR authorization or valid passport; issuer and white-paper oversight; prudential and safeguarding supervision; market-abuse enforcement; information, inspection and sanction powers; transition from the OAM VASP register.
Licensing & Registration
Authorization rule: MiCAR authorization or valid passport.
AML/CFT
No standalone AML/CFT rule is summarized here; generally applicable financial-crime law may still apply.
Custody & Safeguarding
No dedicated custody rule is the primary focus of this record.
Disclosure & Marketing
No dedicated marketing code is the primary focus; ordinary consumer and advertising law may still apply.
Market Integrity & Enforcement
Regulator: Consob / Banca d'Italia. Current enforcement powers and procedures should be checked in the official instrument and implementing rules.
Tax Treatment
Not a tax code. Tax consequences depend on taxpayer, asset and transaction under the jurisdiction's current tax law.
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