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title: "Austria Crypto Regulation Monitor | cryptoassets.gi"
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description: "Austria crypto asset regulation: 9 categories, 58 sourced findings, updated 2026-11-04. Licensing, token classification, stablecoins, tax treatment."
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# Austria Crypto & Digital Asset Regulation

schema crypto-v2.0.0
trajectory: not yet assessed regulated overlaps: [Sentinel (AML/CFT)](https://sentinel.gi/jurisdictions/austria/), [World Payments](https://payments.gi/jurisdictions/austria/)

Last updated 2026-11-04 · 9 categories · 58 sourced
findings · 49 sources in the cumulative register

Download report (PDF) Expand all

Evidence re-verified: 2026-11-04 · Position last changed: 2026-11-04 · Record history & provenance ▾ Methodology & record provenance: Module confidence is derived from the underlying claims (source tier and primary excerpt retention), while statutory legal force is tracked independently.

Review status: AI-synthesised · Tier-1/2 verified · As-of date: 2026-10-26

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Framework posture Regulated 8 of 9 modules populated · AI-synthesised · Tier-1/2 verified

Lead supervisory authority ESMA Primary statutory & supervisory perimeter

Next milestone (> 2026-10-26) None scheduled No dated future statutory milestone on record

Module coverage & confidence 8 / 9 modules assessed 0 Confirmed · 8 Probable · 0 Uncertain · 1 Not yet assessed

9 Categories

0 Moved this cycle 0 Key judgments 6 Open gaps 58 Findings

15 Tier-1 sources

Confidence mix 9 unpopulated
(sums to 9 rendered categories; click to filter)

No categories moved this cycle.

Law made at European Economic Area (Bloc) level that applies in Austria is covered once, on the [European Economic Area (Bloc)](/jurisdictions/european-economic-area-bloc/) page. This page covers Austria’s own layer: implementation, national authorities, national options and local enforcement.

## Jurisdiction lead brief

###### Latest update · 4 November 2026

#### Lead Signal

Austria's crypto-asset service regime has settled into full operation under MiCA, implemented nationally through the Kryptomärkteaufsichtsgesetz, with the Finanzmarktaufsicht as the sole authorising body for crypto-asset service providers. The clearest evidence of this settled regime working in practice arrived on 13 October 2026, when the FMA granted MiCA authorisation to MEGE zweite GmbH, operating under the BingX EU brand, covering custody, crypto-to-cash exchange, crypto-to-crypto exchange and transfer services. The licensee has stated an intention to use that authorisation, combined with the European Economic Area passporting rights MiCA confers on authorised providers, to expand its offering into as many as twenty-nine European markets. Austria is functioning here as a genuine EEA entry point: a single national authorisation is being used as the springboard for a continent-wide service footprint, which is precisely the design intent of the MiCA passporting mechanism under Article 65.

#### Other Developments

The European Securities and Markets Authority issued an Opinion on 8 October 2026 setting out supervisory expectations for crypto-asset service providers in relation to asset-referenced tokens and e-money tokens that do not comply with MiCA, advising that MiCA-authorised providers should not offer services connected with non-compliant tokens to clients in the European Union. The FMA has confirmed it will factor this Opinion into its own supervisory activity, which gives the guidance direct and immediate relevance for any Austrian-authorised provider whose business touches stablecoin-adjacent tokens issued outside the MiCA perimeter. Separately, one unresolved thread sits within the licensing picture itself: secondary commercial sources disagree on Austria's national MiCA transitional cut-off date, one citing 31 December 2025 and another 1 July 2026, and nothing from the regulator's own published material was available this period to settle which applies. Operators relying on transitional arrangements should treat that date as unconfirmed pending direct regulator guidance. Unauthorised provision of crypto-asset services remains a live exposure: operating outside MiCA authorisation carries a fine of up to EUR 700,000, or twice the benefit derived including any avoided loss, for a natural person under the national implementing act.

#### Cross-Monitor Connections

The authorisation structure now governing Austrian crypto-asset activity is the same MiCA framework that underpins the passporting example described above, meaning any assessment of Austria's standing as a digital-asset hub depends on how that framework continues to be applied as more providers seek authorisation and as supervisory expectations, such as the ESMA stablecoin Opinion, are folded into day-to-day oversight. No material touching gambling-sector licensing, payments infrastructure beyond crypto-asset services, or data-protection obligations was identified this period as bearing on this picture.

#### Outlook

The near-term question is less about the shape of the regime, which is now settled, and more about how consistently it is applied as authorisation volume grows: the BingX EU grant shows the passporting mechanism working as designed, and further authorisations of this kind would reinforce Austria's position as an entry jurisdiction for EEA-wide crypto-asset service providers. The unresolved transitional cut-off date is worth tracking to a direct regulator statement, since it affects any provider still operating on legacy national registration rather than full MiCA authorisation. The ESMA Opinion's practical bite will become clearer as the FMA's supervisory activity under it becomes visible in enforcement or guidance terms.

5 earlier updates not shown here.

###### Standing brief · as of 14 September 2026

Written before the update above. Where they differ, the update is the more recent position.

#### Lead Signal

Austria's crypto-asset regulatory regime is now operative under MiCA, implemented domestically via the MiCA-VVG and supervised by the FMA, with this cycle providing the first clear evidence of active supervisory enforcement rather than merely a framework on paper. The FMA froze KuCoin EU's ability to onboard new customers in February 2026 after the exchange lost its AML/CFT and sanctions key function holders, a governance failure rather than a product-level defect, with remediation via new compliance hires reported in progress by April 2026. Separately, the FMA fined Bitpanda GmbH €70,000 for MiCA Title II breaches concerning late whitepaper submission and premature marketing communication, reported as Austria's first published legally binding MiCA penalty, finalised 14 August 2026.

The most significant near-term structural date for licensing purposes is 30 June 2026, when Austria's pre-MiCA FM-GwG VASP registration route, a transitional grandfathering pathway, closes. After this date, all crypto-asset service providers operating in Austria must hold full MiCA authorisation from the FMA; the transitional route will no longer be available as a valid basis for operation.

#### Other Developments

Token classification enforcement precedent. The Bitpanda GmbH sanction is analytically distinct from a custody or AML failure: it concerns MiCA Title II whitepaper and marketing-timing obligations tied to a crypto-asset token offering, giving Austria its first published precedent on how the FMA enforces the whitepaper-before-marketing sequencing rule under MiCA Art. 7(2).

Consumer protection through disclosure timing. MiCA Art. 7(2) prohibits marketing communications about a crypto-asset before the required whitepaper is published, and the FMA's 2026 enforcement against Bitpanda GmbH establishes that this prohibition is being actively applied rather than left dormant. This gives token issuers and their marketing teams a concrete enforcement reference point for sequencing compliance.

Cross-border transfer and sanctions perimeter. The EU Transfer of Funds Regulation requires crypto-asset service providers to collect and verify payer and payee information for cross-border transfers, a traceability obligation already in force. Separately, and materially, crypto-asset service providers fell within the FMA's centralised financial-sanctions supervision perimeter as of 1 January 2026, meaning CASPs are now screened under the same consolidated sanctions-supervision regime as banks, payment institutions and insurers rather than a separate or less mature track.

#### Cross-Monitor Connections

The FMA's KuCoin EU and Bitpanda enforcement actions, together with the sanctions-supervision consolidation affecting CASPs, connect directly to material tracked by the financial_integrity monitor this cycle, which separately recorded the same FMA sanctions-consolidation architecture and the same two crypto enforcement actions from an AML/CFT and sanctions-architecture perspective. Readers tracking both monitors should expect the same underlying facts narrated with different emphasis: financial_integrity foregrounds the AML/CFT governance and sanctions-screening angle, while this brief foregrounds the MiCA licensing and token-disclosure angle. No overlap with world_payments or advennt material was identified for Austria this cycle.

#### Outlook

The closing of the pre-MiCA grandfathering window on 30 June 2026 is the concrete near-term marker to watch: any Austrian VASP that has not transitioned to full MiCA authorisation by that date loses its operating basis. Whether the FMA accepts KuCoin EU's remediation and lifts its onboarding freeze, and whether further MiCA Title II enforcement actions follow the Bitpanda precedent, are the two developments most likely to sharpen the picture of how assertively the FMA will supervise the sector once the transitional period fully closes.

Read full brief · 1101 words

Key regulatory facts for Austria Regulatory Dimension Austria Standing Position

Jurisdiction Austria (AT)

Regulatory Scope Crypto & Digital Asset Regulation (9 modules, 58 sourced findings)

Crypto Licensing Austria's FMA issued its first published legally-binding MiCA enforcement penalty (Bitpanda, €70,000) on 14 August 2026, and separately fined Kurant GmbH €45,000 under FM-GwG on 18 August 2026 for AML documentation...

Token Classification Austria applies MiCA's harmonised EU taxonomy without a bespoke national classification layer: asset-referenced tokens (ART), e-money tokens (EMT), and 'other crypto-assets' (including utility tokens) under Title II,...

On-Chain Activity Regime Austria does not operate a bespoke national on-chain-activity regime; staking and custody-adjacent services are authorised as ancillary CASP activities under the MiCA licence issued by the FMA (e.g., AMINA and...

Stablecoin Regime MiCA Titles III (ARTs) and IV (EMTs) directly impose issuance authorisation, reserve-asset, redemption-right and disclosure obligations on stablecoin issuers operating in or into Austria, with the FMA supervising...

Primary Instruments Cited ESMA, European Securities and Markets Authority (ESMA), ESMA, CoinDesk, FMA

Last Confirmed / Updated 2026-11-04 (49 sources in cumulative register)

9 of 9 categories

Signal
Moved
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Density
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Compact

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Selections OR within a group, AND across groups. Press / to search.

### Austria: C1 Crypto LicensingGreenEnacted in forceModule confidence: Probable▾

Austria's FMA issued its first published legally-binding MiCA enforcement penalty (Bitpanda, €70,000) on 14 August 2026, and separately fined Kurant GmbH €45,000 under FM-GwG on 18 August 2026 for AML documentation failures.

Open gap — crypto-int-1 Austria's actual national MiCA-VVG transitional end-date (31 Dec 2025 vs 1 Jul 2026) is disputed between T4 vendor sources; no FMA primary page retrieved this cycle to resolve. no under-indexing note recorded

Open gap — crypto-at-gap-002 Austria's national MiCA-VVG transitional end-date (31 Dec 2025 vs 1 Jul 2026) is unresolved; no FMA primary page retrieved this cycle. no under-indexing note recorded

Horizon · 2026-06-30 (± a quarter) Pre-MiCA VASP grandfathering window closes Adopted, not yet in force · Tier 1 source

Horizon · 2026-07-01 (± a quarter) MiCA VASP transitional grandfathering closes Adopted, not yet in force · Tier 1 source

#### Crypto Licensing

CASP authorisation under MiCA in Austria is granted and supervised by the FMA, implemented domestically via the MiCA-VVG. This is a confirmed, tier-one-sourced feature of the current regime and represents the settled authorisation route for any crypto-asset service provider seeking to operate in Austria going forward. Running alongside this settled route, Austria's pre-MiCA FM-GwG VASP registration mechanism remains available only transitionally, with the national grandfathering window closing on 30 June 2026; after that date, the FM-GwG route ceases to be a valid basis for operation and all CASPs must hold full MiCA authorisation.

This cycle's most significant licensing-relevant development is not a rule change but an enforcement event testing the regime in practice: the FMA prohibited KuCoin EU from onboarding new customers in February 2026 after the exchange lost its AML/CFT and sanctions key function holders. This is a governance-capacity failure rather than a licensing-application defect, but it directly implicates the ongoing-supervision dimension of MiCA authorisation, since key-function-holder continuity is a condition of maintained authorisation, not merely of initial grant. By April 2026, press reporting indicated KuCoin EU had made new compliance hires in an effort to seek reinstatement, though this cycle's evidence does not confirm the FMA has yet accepted that remediation.

The combination of an active supervisory enforcement action and a closing transitional window signals a tightening trajectory for Austrian crypto licensing: the regime is unambiguously in force and operative, but the space for pre-MiCA operators to continue on a legacy basis is narrowing fast, and the FMA has demonstrated willingness to act against governance shortfalls even among established exchanges.

#### Outlook

The 30 June 2026 grandfathering closure is the definitive near-term date for this module: any remaining pre-MiCA VASP operating without full MiCA authorisation after that date has no valid operating basis in Austria. Whether the FMA lifts the KuCoin EU onboarding freeze following its reported remediation, and whether any other Austrian CASP faces a similar key-function-holder-driven action before the transitional window closes, are the concrete developments to watch next cycle.

Read full sub-brief · 335 words Periodic update · new data 2026-11-04 Austria's crypto-asset service authorisation regime operates entirely under MiCA as implemented through the Kryptomärkteaufsichtsgesetz, with the FMA as sole authorising body. Authorisation under MiCA Articles 59(1)(a) and 63 is required before providing crypto-asset services in or from Austria; the prior national registration route no longer confers operating authority. Unauthorised provision is punishable by a fine of up to EUR 700,000, or twice the benefit derived including an avoided loss, for a natural person. The regime's core requirement is settled and in force. One disputed detail remains: secondary commercial sources give conflicting national transitional cut-off dates, 31 December 2025 and 1 July 2026, with no regulator-published material available this period to resolve which governs legacy registrants still relying on transitional status.

5 earlier distinct update(s) Periodic update · new data 2026-10-25

#### Crypto Licensing

Austria's Financial Market Authority granted MEGE zweite GmbH, trading as BingX EU, authorisation as a crypto-asset service provider under Article 63 of the Markets in Crypto-Assets Regulation, by decision dated 13 October 2026. The authorisation covers custody and administration of crypto-assets on behalf of clients, exchange of crypto-assets for funds, exchange of crypto-assets for other crypto-assets, and transfer services for crypto-assets. This is a primary-source licensing event confirmed directly by the regulator's own publication.

This authorisation comes after the close of Austria's transitional period under the regulation. Austria elected the maximum eighteen-month transitional window permitted under Article 143(3) of the Markets in Crypto-Assets Regulation, meaning that virtual-asset service providers previously registered under the earlier anti-money-laundering-based regime were permitted to continue operating under that prior regime only until 30 June 2026. New authorisations such as BingX EU's are now being granted and assessed entirely under the full regulation, with no residual transitional-regime pathway available to new entrants.

#### Outlook

With the transitional period closed, expect the pace of full Markets in Crypto-Assets Regulation authorisations in Austria to continue as remaining market participants complete their applications. The Financial Market Authority's demonstrated willingness to grant multi-service authorisations, covering custody, exchange and transfer services together, suggests the regime is operating at full capacity rather than encountering early-stage bottlenecks.

Periodic update · new data 2026-10-18

#### Crypto Licensing

The FMA granted a Markets in Crypto-Assets Regulation (MiCAR) crypto-asset service provider (CASP) authorisation to MEGE zweite GmbH, operating as BingX EU, by administrative decision dated 13 October 2026 and published 14 October 2026. The authorisation is issued under MiCAR Article 59 as implemented in Austria through the MiCA-VVG, with the FMA acting as the national competent authority for crypto-asset service provider authorisation. The decision permits MEGE zweite GmbH to provide crypto-asset services under MiCAR, with the benefit of EEA-wide passporting subject to the applicable cross-border notification arrangements that apply under the MiCAR passporting framework.

This authorisation should be read as routine, in-force licensing activity under an established regulatory regime rather than as a structural development in its own right. Austria's transposition of MiCAR gives the FMA clear and settled competence over CASP authorisation, and the BingX EU decision is consistent with the steady throughput of licensing decisions that would be expected from an EU member state with an active CASP authorisation pipeline operating in the post-implementation phase of the MiCAR regime. The effective date of the authorisation, 13 October 2026, places the decision squarely in force as of the time of this reporting cycle, with no indication in available sources of any conditional, provisional, or appeal-pending status attached to the grant.

The significance of the decision lies in what it confirms about Austria's position within the EU's broader crypto-asset licensing architecture: a continuing, functioning national licensing channel that adds EEA-passportable capacity to the single market as firms complete the MiCAR authorisation process. No other crypto-licensing development specific to Austria was identified this cycle. Separately, on 6 October 2026, the FMA published a warning against Coinmindz, an entity with a purported Dubai seat, concerning unauthorised provision of investment-advice and securities services; because the underlying statutory basis for that warning, sections 3(2)(1) and 92(11) WAG 2018, sits in securities and investment-advice law rather than crypto-specific licensing provisions, it is treated separately from this module's licensing-regime findings and is addressed under consumer protection.

#### Outlook

Continued MiCAR CASP authorisation activity in Austria is the expected baseline going forward, consistent with a regime that has moved past its initial implementation phase into routine operation. Further authorisation decisions of this kind are likely to continue at a similar pace absent any signal of a change in the FMA's licensing throughput or criteria; no such signal was present in this cycle's evidence.

Periodic update · new data 2026-10-11

#### Crypto Licensing

Austria's crypto-licensing regime registered its most significant enforcement activity to date this cycle. The FMA issued what is reported as its first published legally-binding penalty decision under MiCA in the jurisdiction, fining Bitpanda GmbH €70,000. The finding concerned a failure to submit the firm's crypto-asset white paper the required number of working days ahead of publication, together with premature or non-compliant marketing communications. The decision is dated 14 August 2026 and was published 16 August 2026. This is a probable-confidence finding drawn from a single Tier-3 secondary source; the FMA's own primary decision text was not independently retrieved this cycle, so the precise statutory basis and penalty calculation detail should be read with that sourcing limitation in mind.

Separately, Kurant GmbH was fined €45,000 under the FM-GwG for deficient written customer due diligence policies on occasional transactions and suspected money-laundering or terrorist-financing cases. This is the second fine against Kurant within roughly a year, following a €70,000 penalty in October 2025 for unwritten ongoing-monitoring procedures. The recurrence across related but distinct compliance failings — unwritten monitoring procedures in the first instance, deficient CDD documentation in the second — suggests either a persistent compliance-resourcing gap at the firm or a supervisory programme that is systematically working through the full range of FM-GwG documentation requirements rather than a single remediated issue recurring.

The FMA also published consumer warnings against three entities — Coinmindz, BeHappy Exchange, and STIG International Trading & Gemstone FZCO — for operating without the required authorisation, within the current research window. These warnings are confirmed directly from the FMA's own notices and represent the regulator's continuing use of public warnings as a market-perimeter tool distinct from the substantive penalty decisions against already-licensed firms.

Austria's national MiCA transitional (grandfathering) period for entities previously registered under the FM-GwG closed on 30 December 2025, a twelve-month window under MiCA Article 143(3). This is probable-confidence: the primary FMA or Bundesgesetzblatt text setting the exact Austrian transitional end-date was not independently retrieved this cycle, and the finding relies on a Tier-3 secondary legal source. The closure of this window means firms that had been operating under grandfathered FM-GwG status needed, by that date, to have secured full MiCA authorisation or an alternative licensing route.

#### Outlook

The FMA's enforcement activity against Bitpanda and Kurant, taken together with its continuing use of consumer warnings against unauthorised entities, points to active and multi-pronged supervision of the crypto-licensing perimeter in Austria — spanning MiCA-authorised firms' ongoing compliance, FM-GwG documentation requirements, and unauthorised market entrants. Whether further enforcement decisions follow in the coming reporting arcs, and whether the exact statutory basis for Austria's MiCA transitional end-date can be confirmed against primary legislative text, are the two open items most likely to be resolved by continued monitoring.

Periodic update · new data 2026-10-05

#### Crypto Licensing

Austria's crypto-licensing regime operates under MiCAR, Regulation (EU) 2023/1114, with the FMA (Finanzmarktaufsicht) designated as the national competent authority under MiCAR Art.93(1) via the national implementing act, the MiCA-VVG (BGBl. I Nr. 111/2024). Under this framework, FMA authorisation as a CASP, or passporting from another home Member State under MiCA's EU-wide passporting mechanism, is required to provide any of the ten crypto-asset services enumerated in MiCA Art.3(1)(16) on a professional basis within Austria. This is a directly enforceable licensing perimeter: providing an in-scope service without authorisation or valid passporting is not permitted.

Austria's transitional arrangements for pre-MiCA operators have now fully run their course. Firms that were registered as virtual-asset service providers under the prior national regime, the FM-GwG, were permitted to continue operating without full CASP authorisation only during a transitional window. Austria elected the maximum transitional period permitted under MiCAR's transitional provisions, an 18-month window, which closed on 30 June 2026. From that date, operating as a crypto-asset service provider in Austria without CASP authorisation, whether granted directly by the FMA or via passporting, is prohibited. This closure is a significant regime-maturation milestone: it marks the point at which Austria's crypto sector moved definitively from a dual-track transitional regime (legacy FM-GwG registration plus emerging MiCAR authorisation) to a single-track MiCAR-only authorisation regime.

The most consequential development within the licensing module this cycle is the FMA's publication, on 14 August 2026, of its first legally final enforcement decision under MiCAR. The decision fined Bitpanda GmbH EUR 70,000 under MiCAR Art.111 for three distinct failures: a late whitepaper notification, a premature marketing communication (meaning marketing activity that preceded the point at which it was permitted under MiCAR's sequencing rules), and missing mandatory disclosures. Each of these is a conduct-level or disclosure-level failure rather than a failure to hold authorisation at all, which is a meaningful distinction: it indicates the FMA is actively monitoring and enforcing the granular procedural requirements of MiCAR, not merely policing the authorisation perimeter itself. As the first published precedent of its kind, the Bitpanda decision gives the market its first concrete indication of how the FMA calibrates penalties for this category of compliance failure, though a single data point of EUR 70,000 does not yet establish a reliable penalty benchmark across the range of possible MiCAR infringements.

Capital requirements for CASPs operating in Austria follow the MiCA Annex IV framework directly, with initial-capital floors set by service class: EUR 50,000 for Class 1 services, EUR 125,000 for Class 2, and EUR 150,000 for Class 3. These figures are EU-wide and directly applicable; no Austria-specific uplift to these floors has been located, though this has not been independently verified against the Official Journal text this cycle, and firms should treat the absence of a located uplift as provisional rather than conclusive.

Two gaps remain open in Austria's crypto-licensing picture. First, whether the FMA has published a formal grandfathering or fast-track process for VASPs that found themselves crossing the 30 June 2026 transitional deadline without completed CASP authorisation, and whether any firm in fact missed that deadline, has not been established this cycle. Second, whether Austria applies any jurisdiction-specific uplift to the MiCA Annex IV capital floors remains unverified against primary Official Journal text.

#### Outlook

With the transitional window closed and the FMA's enforcement capability now demonstrated through a first legally final decision, Austria's crypto-licensing regime should be expected to generate further enforcement precedent over coming cycles, particularly as more CASPs complete their first full year of operation under full MiCAR authorisation rather than legacy FM-GwG registration. The EUR 70,000 Bitpanda penalty, addressing notification-timing, marketing-sequencing and disclosure failures, may serve as an early reference point for how the FMA approaches similar procedural breaches going forward, though firms should not assume this figure represents a ceiling or a template, given it is a single published decision. Whether any firm failed to secure authorisation before the 30 June 2026 transitional deadline, and how the FMA would treat such a lapse, remains an open question on current evidence.

Periodic update · new data 2026-09-28

#### Crypto Licensing

Austria's crypto-asset licensing framework operates entirely under the EU's directly-applicable MiCA Regulation (Regulation (EU) 2023/1114), supervised nationally by the FMA. Any of the ten MiCA-defined regulated crypto-asset services provided professionally in or into Austria requires CASP authorisation from the FMA — a Confirmed, T1-sourced requirement via ESMA. This is the foundational licensing fact for the jurisdiction: there is no separate Austria-specific crypto-licensing statute operating alongside MiCA; the national implementing framework channels applicants into the harmonised EU authorisation process.

The most significant near-term mechanic is the closure of Austria's pre-MiCA transitional regime. Entities that were providing crypto-asset services under Austrian national law (the FM-GwG registration regime) before 30 December 2024 were permitted to continue operating only until 1 July 2026, or until the FMA granted or refused a MiCA authorisation, whichever occurred first. This is a Confirmed, T1-sourced deadline, and it is the operative compliance clock for any firm that had not yet secured full MiCA authorisation heading into mid-2026.

Against that deadline, the evidence shows the FMA has been an active licensor rather than a passive gatekeeper: it has granted full MiCA CASP authorisations during 2025-2026 to firms including Bitpanda and WhiteBIT, a Probable finding sourced from industry legal commentary. Underneath the authorisation itself sits a tiered capital-adequacy structure: reported own-funds requirements of EUR 50,000, EUR 125,000 or EUR 150,000 depending on the specific class of regulated service a CASP intends to provide — a Probable finding resting on a single T4 source and flagged for future corroboration against the FMA's own published applicant guidance, which this cycle's evidence surfaced but did not retrieve substantive content from.

Taken together, the picture is of a jurisdiction with a fully operative, EU-harmonised licensing regime, an active national regulator, and a transitional deadline that has now closed or is on the point of closing without evidence this cycle of a resulting supervisory gap. The principal open question — whether any residual population of legacy FM-GwG registrants failed to secure authorisation in time — was not resolved by this cycle's evidence.

#### Outlook

The FM-GwG transitional deadline of 30 June/1 July 2026 is the operative near-term milestone; whether any legacy-registered firms failed to transition, and what consequence follows if so, is the concrete item to track in a subsequent research cycle. Independently confirming the tiered capital-floor figures and the exact in-force date and penalty provisions of Austria's MiCA-VVG implementing act against a .gv.at or Bundesgesetzblatt primary source remains an outstanding research gap.

1 further periodic run re-emitted the standing brief unchanged and is not shown.

Sources and findings (12)
- T1[ESMA](https://www.esma.europa.eu/sites/default/files/2025-07/ESMA35-24871704-2591_Compliance_table_on_MiCA_crypto-asset_transfer_Guidelines.pdf) — The Austrian Financial Market Authority (FMA) is Austria's notified competent authority under MiCA responsible for authorising and supervising crypto-asset service providers.
- T1[European Securities and Markets Authority (ESMA)](https://www.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets-regulation-mica) — MiCA's Article 143 transitional 'grandfathering' clause allowed entities providing crypto-asset services under pre-existing national law before 30 December 2024 to continue operating until 1 July 2026 or until granted/refused MiCA authorisation, after which full MiCA authorisation became mandatory across the EEA including Austria.
- T1[ESMA](https://www.esma.europa.eu/sites/default/files/2024-12/CASPS.csv) — Multiple crypto exchanges (Bybit EU, AMINA [Austria] AG, WhiteBIT EU, KuCoin EU) and domestic firms (Bitpanda, DADAT Krypto, Coinfinity) have obtained MiCA authorisation from the FMA, evidencing an active national licensing pathway used as a EEA passporting base.
- T3[CoinDesk](https://www.coindesk.com/policy/2026/04/26/mica-s-not-enough-bybit-ceo-says-firms-need-other-licenses-to-turn-a-profit-in-europe) — Industry commentary indicates a MiCA CASP licence alone is often insufficient for full commercial operation (e.g., derivatives), with firms also seeking MiFID II and Electronic Money Institution (EMI) authorisations to complement their Austrian MiCA licence.
- T4[FMA](https://crypto-license-europe.com/cryptolicenses/austria/) — FMA CASP authorisation under MiCA Art. 59(1)(a) and Art. 63
- T4[MiCA-VVG](https://company-registration-austria.com/crypto-license-austria/) — National MiCA transitional cut-off date disputed: 31 December 2025 vs 1 July 2026
- T4[MiCA-VVG](https://company-registration-austria.com/crypto-license-austria/) — Fine of up to EUR 700,000 (or twice the benefit derived, including a loss avoided) for unauthorised crypto-asset services under § 11 Z 3 MiCA-VVG
- T4[Crypto-asset services in/from Austria](https://crypto-license-europe.com/cryptolicenses/austria/) — FMA CASP authorisation required under MiCA Art. 59(1)(a) and Art. 63
- T4[Austria's national MiCA transitional (grandfathering) regime under FM-GwG](https://company-registration-austria.com/crypto-license-austria/) — disputed: 31 December 2025 vs 1 July 2026
- T4[MiCA-VVG § 11 Z 3 (unauthorised crypto-asset service provision)](https://company-registration-austria.com/crypto-license-austria/) — up to EUR 700,000 or twice the benefit derived, for a natural person
- T1[MEGE zweite GmbH (BingX EU)](https://www.fma.gv.at/zulassungserteilung-mege-zweite-gmbh/) — Authorised as crypto-asset service provider under Art. 63 MiCAR (custody/administration, exchange for funds, exchange for other crypto-assets, transfer services) by FMA decision dated 13 Oct 2026
- T3[Austria](https://wavect.io/blog/mica-fma-crypto-licensing-austria-2026/) — Austria elected the maximum 18-month MiCA transitional period under Art. 143(3) MiCAR; FM-GwG-registered VASPs could operate under the prior regime only until 30 June 2026

### Austria: C2 Token ClassificationGreenEnacted in forceModule confidence: Probable▾

Austria applies MiCA's harmonised EU taxonomy without a bespoke national classification layer: asset-referenced tokens (ART), e-money tokens (EMT), and 'other crypto-assets' (including utility tokens) under Title II, III and IV respectively. Crypto-assets that are unique and non-fungible (NFTs) are generally out of MiCA's scope, though NFTs issued as part of a large series or collection may still be captured.

C2 · Token Classification — Full Module Record 0 sub-modules · 180 words · 5 traced claims · Re-verified 2026-11-04

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### Austria: C3 On-Chain Activity RegimeAmberEnacted in forceModule confidence: Probable▾

Austria does not operate a bespoke national on-chain-activity regime; staking and custody-adjacent services are authorised as ancillary CASP activities under the MiCA licence issued by the FMA (e.g., AMINA and Bybit's Austrian entities offer staking alongside custody/trading). DeFi lending, borrowing and staking business models are being assessed at EU level via joint EBA-ESMA Article 142 MiCA market reports rather than through Austria-specific rulemaking; mining, validator and node-operation activities have no dedicated Austrian crypto-specific licensing regime identified in this pass.

C3 · On-Chain Activity — Full Module Record 0 sub-modules · 180 words · 4 traced claims · Re-verified 2026-11-04

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### Austria: C4 Stablecoin RegimeGreenEnacted in forceModule confidence: Probable▾

MiCA Titles III (ARTs) and IV (EMTs) directly impose issuance authorisation, reserve-asset, redemption-right and disclosure obligations on stablecoin issuers operating in or into Austria, with the FMA supervising Austria-domiciled issuers and the EBA taking over supervision where an ART/EMT is classified 'significant' (systemic) based on holder count, value or transaction volume thresholds.

Periodic update · new data 2026-11-04 The European Securities and Markets Authority's 8 October 2026 Opinion on services connected with non-MiCA-compliant asset-referenced and e-money tokens carries direct weight in Austria because the FMA has confirmed it will apply the Opinion's expectations in its own supervisory activity. The Opinion advises MiCA-authorised providers against offering such services to EU clients in respect of non-compliant tokens. No separate Austria-specific stablecoin issuance-authorisation action was identified this period; the signal here is supervisory pass-through of an EU-level Opinion into Austrian oversight practice.

Periodic update · new data 2026-10-25

#### Stablecoin Regime

The European Securities and Markets Authority issued an opinion on 8 October 2026 setting out supervisory expectations for services related to asset-referenced tokens and e-money tokens that do not comply with the Markets in Crypto-Assets Regulation. Austria's Financial Market Authority has stated that these expectations will be duly considered in its own supervisory activities. This is a supranational supervisory opinion, not a change to binding Austrian rule text; whether the Financial Market Authority will issue any Austria-specific instrument implementing it remains unresolved.

The opinion's focus on non-compliant asset-referenced tokens and e-money tokens indicates that the supervisory emphasis within the existing stablecoin regime in Austria is shifting toward instruments and services that fall outside the compliant framework, layering additional scrutiny onto the already-established compliant-token regime rather than altering it.

#### Outlook

The stablecoin regime is best characterised as being incrementally sharpened through supervisory opinion rather than legislative change at this point. The question to track is whether the Financial Market Authority moves from stating it will consider the European opinion to issuing concrete Austria-specific supervisory guidance or taking enforcement action referencing it.

C4 · Stablecoins & EMTs — Full Module Record 0 sub-modules · 180 words · 8 traced claims · Re-verified 2026-11-04

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### Austria: C5 Consumer ProtectionGreenEnacted in forceModule confidence: Probable▾

MiCA imposes EU-harmonised consumer protection duties directly on FMA-authorised CASPs operating in Austria: fair/clear/non-misleading marketing communications, suitability and appropriateness assessments for advice/portfolio management, custody-related governance and capital conditions, and complaint-handling procedures, supplemented by ESMA guidelines on suitability, periodic statements, transfer-service client rights and reverse solicitation.

Open gap — crypto-int-3 No primary source reached for consumer_protection (custody, prudential capital, market abuse, order handling) for AT this cycle. tax_treatment is structurally thin across the estate per bias corrections.

#### Consumer Protection

MiCA Art. 7(2) prohibits marketing communications about a crypto-asset before the required whitepaper has been published, a consumer-protection-oriented sequencing rule intended to ensure prospective purchasers have access to the mandated disclosure document before being exposed to promotional material. This cycle provides Austria's first confirmed enforcement precedent for this specific provision: the FMA enforced Art. 7(2) against Bitpanda GmbH in 2026, fining the firm €70,000 in connection with premature marketing communication alongside a late whitepaper submission, in what press reporting describes as the FMA's first published legally binding MiCA penalty, finalised 14 August 2026.

This is a confirmed development at the level of the underlying legal prohibition, sourced to the tier-one MiCA regulation itself, though the specific enforcement-action detail rests on tier-three press sourcing (Fintelegram) rather than a located FMA primary notice. The practical consumer-protection significance is that Austrian consumers now have a concrete demonstrated instance of the FMA acting to prevent premature or disclosure-deficient marketing of crypto-assets, rather than the Art. 7(2) prohibition existing only as an unenforced statutory provision.

No other Austria-specific consumer-protection development distinct from this Art. 7(2) enforcement precedent was identified this cycle.

#### Outlook

Whether the FMA continues to apply Art. 7(2) against other issuers following the Bitpanda precedent is the key development to watch; a sustained enforcement pattern would meaningfully strengthen the practical consumer-protection value of the whitepaper-before-marketing rule for Austrian crypto-asset purchasers.

Read full sub-brief · 229 words Periodic update · new data 2026-10-18

#### Consumer Protection

The FMA published a warning on 6 October 2026 against Coinmindz, an entity with a purported seat in Dubai, finding it has no authorisation to provide licensable investment advice or other securities services to clients in Austria. The warning's legal basis rests on section 3(2)(1) of the Wertpapieraufsichtsgesetz 2018 (WAG 2018), the provision establishing the authorisation requirement for the provision of investment advice, with the FMA's authority to publish the warning grounded in section 92(11) WAG 2018, its standing statutory basis for naming unauthorised providers to the public.

The warning is consistent with a recurring consumer-protection exposure pattern affecting the Austrian market: entities based outside the EU's direct supervisory reach, in this instance a jurisdiction carrying characteristics associated internationally with comparatively lighter outbound regulatory cooperation, continue to solicit Austrian clients for investment products, including crypto-adjacent offerings, without holding the authorisation that Austrian securities and investment-advice law requires. While the underlying statutory basis cited is securities and investment-advice law rather than a MiCAR-specific consumer-protection provision, the pattern of solicitation this warning addresses is of the kind frequently seen with crypto-adjacent investment products marketed cross-border into EU member states.

The FMA's public warning is the standard enforcement tool available against an entity operating from outside Austria's direct enforcement jurisdiction; it functions as a notice to the Austrian public rather than as a measure that directly restrains Coinmindz's activity from its purported Dubai base. This is a structural limitation inherent to cross-border unauthorised-solicitation enforcement generally, not a deficiency specific to this case. No other Austria-specific consumer-protection development under MiCAR or WAG 2018 was identified this cycle.

#### Outlook

Whether the Coinmindz warning is an isolated incident or part of a recurring pattern of unlicensed solicitation from similarly positioned third-country entities will depend on whether further FMA warnings naming comparably structured offerors emerge in subsequent cycles. The persistence of this exposure pattern is a standing feature of Austria's consumer-protection landscape for cross-border investment and crypto-adjacent solicitation, independent of the jurisdiction's own, separately active, MiCAR licensing regime.

1 earlier distinct update(s) Periodic update · new data 2026-10-11

#### Consumer Protection

Austria's consumer-protection signal this cycle derives from the same Bitpanda enforcement decision tracked under Crypto Licensing, viewed here through its disclosure-to-retail-purchaser dimension. The FMA found Bitpanda GmbH in breach of MiCA's marketing-communication disclosure rules, specifically citing missing mandatory disclosures and missing contact information in the firm's marketing communications, alongside the separate finding that the firm's crypto-asset white paper was not submitted the required number of working days before publication. The combined penalty was €70,000, in a decision dated 14 August 2026. This is a probable-confidence finding from a single Tier-3 secondary source, and the FMA's own primary decision text was not independently retrieved this cycle.

The marketing-communication disclosure requirements under MiCA exist specifically to protect retail purchasers of crypto-assets by ensuring they receive adequate, complete disclosure — including contact information for the issuer or offeror — before being marketed to or before a purchase decision. A finding that these disclosures were missing from Bitpanda's marketing communications is therefore a direct consumer-protection finding, not merely a technical licensing-process failure, even though it was processed and penalised as part of the same enforcement decision covering the white-paper timing breach.

No additional Austria-specific consumer-protection development — such as a custody-rule finding, a market-abuse finding distinct from the Bitpanda marketing breach, or a new consumer-facing disclosure requirement — was located within the current research window. The deeper rule detail governing custody, market-abuse provisions, and prudential-capital requirements as they apply to consumer protection in Austria was not independently re-verified this cycle beyond what the Bitpanda decision itself establishes.

#### Outlook

Whether the FMA pursues further marketing-communication-disclosure findings against other MiCA-authorised firms in Austria, beyond Bitpanda, is the natural next signal to watch, since a single enforcement decision does not establish whether this is a systemic compliance gap across the authorised population or an isolated finding specific to one firm's marketing practices. Confirmation of the FMA's primary decision text, rather than reliance on secondary reporting, would also strengthen confidence in the precise scope of the disclosure deficiencies found.

1 further periodic run re-emitted the standing brief unchanged and is not shown.

Sources and findings (7)
- T1[ESMA](https://www.esma.europa.eu/sites/default/files/2025-03/ESMA35-1872330276-2031_Guidelines_on_suitability_and_periodic_statement_MiCA_DE.pdf) — ESMA guidelines under Article 81 of MiCA set out suitability and appropriateness requirements for CASPs providing advice or portfolio management on crypto-assets, which Austria's FMA has confirmed compliance with.
- T1[EUR-Lex](https://eur-lex.europa.eu/DE/legal-content/summary/european-crypto-assets-regulation-mica.html) — MiCA requires offerors of crypto-assets to communicate with holders and potential holders in a fair, clear and not misleading manner, and to identify, avoid, manage and disclose conflicts of interest.
- T1[ESMA/EBA/EIOPA Joint Committee](https://www.esma.europa.eu/sites/default/files/2025-10/Updated_Joint_ESAs_Factsheet_on_crypto-assets_AT.pdf) — One of MiCA's stated aims, reflected in joint ESMA/EBA consumer materials for Austria, is to ensure access to comprehensive information and transparent complaint-handling procedures for crypto-asset consumers.
- T1[ESMA/EBA/EIOPA Joint Committee](https://www.esma.europa.eu/sites/default/files/2025-10/Updated_Joint_ESAs_Factsheet_on_crypto-assets_AT.pdf) — To provide crypto-asset services to Austrian/EU consumers, CASPs must be authorised and meet specific governance, capital, conduct-of-business and consumer-protection requirements under MiCA.
- T1[ESMA/EBA/EIOPA Joint Committee](https://www.eba.europa.eu/assets/Updated%20Joint%20ESAs%20Factsheet%20on%20crypto-assets/Updated%20Joint%20ESAs%20Factsheet%20on%20crypto-assets_DE_DE.pdf) — Joint ESMA/EBA/EIOPA consumer materials warn that using crypto-asset services not regulated under MiCA or other EU financial services rules can expose users to elevated risks of fraud, asset mismanagement or insolvency.
- T3[CASPs and issuers](https://practiceguides.chambers.com/practice-guides/blockchain-crypto-assets-2026/austria/trends-and-developments) — Must disclose principal adverse environmental impacts of the consensus mechanism underlying a crypto-asset.
- T3[Bitpanda GmbH](https://www.theblock.co/news/regulation/2026-08-17-austria-mica-penalty-bitpanda-411960) — FMA found Bitpanda in breach of MiCA marketing-communication disclosure rules (missing mandatory disclosures and contact information) alongside the white-paper timing breach

### Austria: C6 Tax TreatmentAmberEnacted in forceModule confidence: Probable▾

Since Austria's 2022 tax reform, cryptocurrency capital gains are taxed at the flat 27.5% rate applied to other capital assets such as stocks and bonds, ending prior disparity between crypto and traditional securities. Older (2014-era) ministerial guidance had also flagged bitcoin mining as a potentially 'industrial' VAT-liable activity and left ambiguity over whether VAT applies to full exchange transaction amounts or only broker commissions; this guidance predates EU case law developments and was not independently re-verified against current BMF guidance in this pass. Separately, the EU's DAC8 crypto-asset reporting directive extends administrative cooperation/reporting obligations to crypto-assets, requiring Member State transposition including in Austria.

C6 · Tax Treatment — Full Module Record 0 sub-modules · 180 words · 8 traced claims · Re-verified 2026-11-04

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### Austria: C7 Cross-Border TransferGreenEnacted in forceModule confidence: Probable▾

A single MiCA CASP authorisation obtained from Austria's FMA permits passporting of crypto-asset services across the whole EEA (27 EU Member States plus Iceland, Norway and Liechtenstein), removing outbound restrictions for Austria-licensed firms. Cross-border travel-rule reporting for crypto-asset transfers is governed at EU level by the Transfer of Funds Regulation and tracked under the fleet's shared FIM aml_ctf module rather than here. EBA/ESMA significance thresholds for ARTs/EMTs also incorporate cross-border (payer-outside-Union/payee-inside-Union) transaction value criteria relevant to systemic designation and reporting.

Periodic update · new data 2026-11-04 MiCA Article 65 passporting allows an FMA-authorised crypto-asset service provider to extend its offering across the European Economic Area without separate national licensing in each state. This is no longer a theoretical entitlement for Austria: an FMA-authorised provider has stated a concrete plan to use its Austrian authorisation to expand into up to twenty-nine European markets, giving the passporting mechanism a live, named example of outbound use from an Austrian base.

Periodic update · new data 2026-10-25

#### Cross-Border Transfer

Following its Markets in Crypto-Assets Regulation authorisation, BingX EU (MEGE zweite GmbH) has stated an intention to passport its newly authorised crypto-asset services to twenty-nine European Economic Area countries. This is reported as a company statement of intent tied to the 13 October 2026 authorisation decision; no cross-border notification has been confirmed as completed this period, so the passporting itself remains a stated plan rather than an accomplished fact.

#### Outlook

Whether BingX EU completes the cross-border notification process to activate passporting rights across the stated twenty-nine European Economic Area markets is the open item to track. Completion would mark a material step from domestic Austrian authorisation to pan-European service provision under the same licence.

C7 · Cross-Border & Travel Rule — Full Module Record 0 sub-modules · 180 words · 9 traced claims · Re-verified 2026-11-04

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### Austria: C8 AML/CFT RegimeGreenEnacted in forceModule confidence: Probable▾

Crypto's AML/CFT obligations are handled under the fleet's shared FIM aml_ctf module (KYC/CDD, travel rule, SAR/STR, sanctions screening, record-keeping, risk assessment for Austria are tracked centrally there). No aml_cft_regime claims are produced in this crypto baseline to avoid duplication; Austria's FMA and the national Financial Intelligence Unit (Bundeskriminalamt/A-FIU) are the disambiguation anchors for that FIM module.

C8 · AML/CFT Regime — Full Module Record 0 sub-modules · 180 words · 1 traced claims · Re-verified 2026-11-04

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### Austria: C9 Commercial Activity ▾

## Commercial Activity

Bitpanda GmbH, Austria's established MiCAR-regulated crypto-asset service provider, announced a strategic distribution partnership with Fibank, Bulgaria's First Investment Bank, on 12 October 2026. Under the arrangement, Bitpanda Enterprise, Bitpanda's institutional and business-to-business arm, will become the sole crypto-asset-services provider integrated into the My Fibank mobile banking application, with a consumer-facing launch planned for early 2027. The event is announced rather than live, and financial terms were not publicly disclosed by either party. Fibank's chief executive, Nikola Bakalov, was quoted describing the importance of realising the opportunity "alongside an established European technology partner and in compliance with applicable regulatory requirements," a framing consistent with a bank distribution partner relying on an already-regulated EU crypto-asset service provider to deliver the underlying service to its retail base rather than seeking its own separate authorisation.

This commercial development is set against continued uncertainty in Bitpanda's own corporate trajectory. As of 16 October 2026, Bitpanda's previously reported Frankfurt initial public offering, which had targeted a valuation in the region of four to five billion euros, remains halted with no new date set. The company's chief executive, Lukas Enzersdorfer-Konrad, has confirmed he will leave the role in the first quarter of 2027, with interim co-chief-executive arrangements involving co-founder Christian Trummer reported as the succession plan. The combination of a stalled listing and a confirmed leadership departure, alongside active pursuit of new distribution partnerships, suggests Bitpanda is treating bank-distribution partnerships as a growth channel that proceeds independently of the company's unresolved public-listing timeline.

The Fibank arrangement is a cross-border commercial development: Fibank is domiciled in Bulgaria, while Bitpanda operates from its Austrian base, meaning the crypto-asset-services component of the partnership will be delivered across an intra-EU border under whatever cross-border servicing arrangement applies to Bitpanda's existing Austrian MiCAR authorisation. No further detail on that cross-border servicing structure was disclosed in sources available this cycle. — Outlook: Whether the My Fibank crypto integration proceeds on schedule to its planned early-2027 consumer launch is the clearest near-term marker of this partnership's commercial traction. Further bank-distribution partnership announcements, were they to occur in subsequent cycles, would strengthen the reading of this arrangement as a deliberate strategic pivot by Bitpanda toward business-to-business-to-consumer distribution during a period of corporate uncertainty, rather than as an isolated commercial agreement unconnected to the company's broader situation.

Periodic update · new data 2026-11-04 The FMA granted MiCA crypto-asset service provider authorisation to MEGE zweite GmbH, trading as BingX EU, on 13 October 2026, covering custody, crypto-to-cash exchange, crypto-to-crypto exchange and transfer services. The licensee has indicated it intends to use the authorisation together with EEA passporting to expand into up to twenty-nine European markets. This is market entry proceeding through the established MiCA authorisation pathway rather than a novel transaction structure.

1 earlier distinct update(s) Periodic update · new data 2026-10-25

#### Commercial Activity

The Financial Market Authority's authorisation decision of 13 October 2026, published 14 October 2026, enabled BingX EU (MEGE zweite GmbH) to provide custody, crypto-to-fiat exchange, crypto-to-crypto exchange and transfer services, alongside the company's stated intent to expand across twenty-nine European Economic Area markets. This is a licensing-and-market-entry event completed between BingX EU and the Financial Market Authority; no transaction value was publicly disclosed, as the event is a regulatory authorisation rather than a commercial deal with disclosed consideration.

#### Outlook

This authorisation positions BingX EU as a newly licensed entrant in the Austrian and, pending passporting completion, wider European Economic Area crypto-asset services market. Further commercial activity to watch is whether the stated twenty-nine-market expansion plan converts into confirmed cross-border service launches.

Sources and findings (4)
- T3[MEGE zweite GmbH (BingX EU)](https://crypto.news/bingx-eu-crypto-license-29-countries/) — FMA MiCA CASP authorisation on 13 October 2026 covering custody, crypto-to-cash, crypto-to-crypto and transfer services
- T3[MEGE zweite GmbH (BingX EU)](https://crypto.news/bingx-eu-crypto-license-29-countries/) — FMA CASP authorisation granted 13 October 2026
- T3[Bitpanda GmbH / Fibank](https://www.prnewswire.co.uk/news-releases/fibank-and-bitpanda-forge-strategic-partnership-to-launch-integrated-crypto-asset-access-via-my-fibank-mobile-app-302905618.html) — Commercial event: partnership (B2B2C distribution agreement). Parties: Bitpanda GmbH (Austria) as crypto-asset service provider, and Fibank (Bulgaria) as distribution partner. Announced 12 October 2026; consumer launch planned early 2027.
- T1[MEGE zweite GmbH (BingX EU)](https://www.fma.gv.at/zulassungserteilung-mege-zweite-gmbh/) — FMA authorisation decision 13 Oct 2026 (published 14 Oct 2026) enabling custody, crypto-to-fiat exchange, crypto-to-crypto exchange and transfer services, with stated intent to expand across 29 EEA markets