MiCA in Poland: what the new act will change for the crypto business

Poland remains the only European Union (“EU”) Member State in which the implementation of Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets (“MiCA”) is still marked by regulatory uncertainty. Although MiCA has become directly applicable across the EU, Poland has not yet adopted a comprehensive national framework to operationalize its provisions.

Instead, the legislative process is fragmented and ongoing. As of today, several draft laws have been proposed, none of which have progressed beyond early-stage review or public consultation.

Current legislative landscape in Poland

The first draft, submitted on 9 December 2025 by members of the Polska 2050 party, has seen limited legislative traction. Public consultations attracted only 33 participants, nearly half of whom expressed strong opposition, indicating a lack of broad stakeholder support.

The second draft was submitted on 27 February 2026 by representatives of the Confederation. It adopts a minimalist implementation model to avoid additional national regulatory layers beyond those described in MiCA. While the proposal received relatively strong support during consultations, it is widely regarded as insufficiently developed and has not yet been granted formal parliamentary status.

The third draft, introduced in April 2026, is currently under public consultation (until 17 May 2026) and represents a further attempt to structure the national implementation framework. However, like the previous initiatives, it has not advanced beyond the preliminary stage.

Overall, none of these proposals has progressed to a decisive phase of the legislative process. Against this background, we propose to examine the Crypto-Assets Act (“Act”), submitted in February 2026, as the most pragmatic and industry-oriented approach currently available for implementing MiCA in Poland.

The Act reflects the “EU+0” approach. This means it does not alter the regulatory logic established by MiCA; rather, it brings it into the Polish legal framework and enables its practical application.

As a result, no separate “Polish regime” with new or additional requirements is introduced for businesses. Instead, companies will operate within the framework defined by MiCA, with national procedures supporting its implementation and integration into the Polish legal system.

The KNF is the competent authority

The Act designates the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego) (“KNF”) as the primary body responsible for regulating the crypto-asset market. In practice, the KNF will oversee the implementation of MiCA in Poland and monitor the activities of companies operating in this sector.

The Act provides that certain decisions adopted at the EU level, particularly those relating to financial sanctions, may be enforced in Poland through national procedures. In this context, the KNF reviews such decisions and supports their enforcement.

In addition, crypto-asset service providers (“CASPs”) are required to comply with confidentiality requirements similar to those applied in the banking sector. This entails protecting information about clients and transactions while allowing disclosure to the KNF in cases provided for by law.

Licensing process: key practical aspects

Proceedings before the KNF follow standard administrative procedures, with a strong focus on efficiency and accessibility for applicants. In practice, communication is conducted electronically, including both the submission and delivery of documents, unless this is technically infeasible.

One of the key practical advantages is the flexibility regarding language. Documents may be submitted in either Polish or English and do not require a certified translation. However, the KNF may request a Polish translation when necessary to properly handle the application.

Fees: what it costs to enter and operate

To obtain a license, companies must pay a one-time application fee of up to €4,500. The exact amount depends on the nature and scale of the business and is determined under secondary legislation.

In addition to this initial cost, companies are subject to an annual supervisory fee. This fee is based on the company’s financial results and is calculated as a percentage of its revenue.

In practice, the annual fee does not exceed 0.1% of the relevant income and is capped at €15,000 per year. For smaller businesses, the cost is significantly lower: if a company is just starting operations or its relevant income does not exceed €100,000, a fixed annual fee of €250 applies.

Overall, the fee structure combines a moderate entry cost with a scalable annual contribution, making it relatively predictable and proportionate to the business’s size.

Sanctions: what happens in case of non-compliance

Companies operating in the crypto-asset sector are subject to supervisory measures and administrative sanctions under MiCA if they breach the conditions of their license.

At the same time, operating without the required license carries significantly higher risks. Engaging in crypto-asset activities without authorization may result in criminal liability, including fines, restrictions on liberty, or imprisonment for up to 2 years.

Transitional regime: key deadlines and opportunities

The Act introduces a transitional regime that allows existing market participants to continue operating while preparing to obtain a MiCA license. This is particularly relevant for companies that were already providing crypto-asset services before 30 December 2024.

Such companies may continue their activities without a license until 1 July 2026. This creates a clear transition window during which businesses can adapt to the new regulatory framework.

An important condition applies to those wishing to continue operating beyond that date. If a company submits a complete application for authorization by 30 June 2026, it may continue its activities until the KNF issues a final decision. In other words, the timely submission of the application allows a business to keep operating even after the transitional deadline.

For these entities, a simplified authorization procedure is available. This means the review will focus primarily on elements already subject to national regulation and that remain consistent with MiCA, making the transition process more practical for existing market participants.

At the same time, companies operating under the transitional regime must comply with certain requirements. In particular, they must follow anti-money laundering rules, act in the best interests of their clients, and clearly inform users that they are operating under a transitional framework. Where an application has been submitted, this must also be disclosed.

Conclusion

The proposed Act marks an important step towards aligning Poland’s regulatory framework with MiCA and creating a cleaner environment for the crypto-asset market. By establishing a structured approach to authorization and providing transitional arrangements, the Act lays the groundwork for a more predictable and accessible regulatory landscape.

If adopted and implemented effectively, this framework has the potential to support the continued development of the crypto-asset sector in Poland, offering businesses greater legal certainty while maintaining alignment with EU-wide standards. In this context, the Act may serve as a foundation for the sustainable growth of the market and increased participation of both local and international players.

At Manimama Law Firm

At Manimama Law Firm, we assist businesses in navigating this regulatory environment. We support documentation, manage application processes, and develop long-term compliance strategies for crypto-related businesses.