Summary

• European regulators are examining Binance’s offshore services to EU customers and requesting explanations about their legal basis under MiCA rules.
• Binance withdrew its Greek license application and notified European customers about restrictions while pursuing authorization in another EU member state.
• Reverse solicitation requires customers to initiate services independently while restricting targeted marketing, with potential penalties if Binance breaches those limits.

EU regulators are examining whether Binance can legally serve European customers through offshore entities without a MiCA license. According to the Financial Times, authorities seek Binance’s legal justification for serving customers through reverse solicitation, which requires independently initiated requests.

The European Securities and Markets Authority and regulators in France, Germany, and Greece are examining Binance’s use of that provision. However, their inquiries do not establish a violation, and any enforcement action would depend on findings about the exchange’s activities.

Binance failed to secure authorization before the MiCA transition period ended, leaving its European operations without the required license. Previously, the company sought approval in Greece but withdrew its application before obtaining authorization from the national regulator.

At the time, Binance maintained that Greek authorities had not issued a formal decision concerning its licensing application. Consequently, the exchange described its withdrawal as a precaution while it pursued authorization through another European Union member state.

Meanwhile, Binance notified affected European customers about planned restrictions and provided withdrawal instructions before the licensing deadline expired. Nevertheless, reports indicate that some customers retained trading access through overseas entities, including an Abu Dhabi business serving European users. Those arrangements have drawn regulatory attention because authorization outside the European Union does not provide a MiCA license.

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Reverse Solicitation Rules Put Customer Access Arrangements Under Examination

Under Article 61 of MiCA, overseas providers can qualify for the exemption when customers initiate the requested services exclusively. However, the provision limits how those companies attract European customers and what additional services they can subsequently market.

European rules exclude relationships resulting from solicitation, promotion, or advertising directed at customers within the bloc, regardless of communication method. Moreover, these restrictions cover related businesses and other parties acting on behalf of an overseas provider seeking European customers.

Contractual statements cannot override the circumstances surrounding customer acquisition when a company actively solicits business within the European Union. Additionally, an independently initiated relationship does not give the provider unrestricted permission to market new service or asset types.

These conditions place customer acquisition practices at the center of the examination, alongside the legal basis for offshore service arrangements. Authorities could impose financial penalties or take enforcement measures if they determine that Binance’s activities exceed the exemption’s permitted scope.

Binance maintains that it follows applicable requirements across its operating jurisdictions while pursuing authorization under the European regulatory framework. Its licensing efforts remain separate from the examination of how overseas entities currently provide services to European customers.

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