Poland Without a Crypto-Assets Act — What Does It Mean?
On February 12, 2026, President Karol Nawrocki vetoed the crypto-assets market bill for the second time. The new draft, passed by the Sejm in late January 2026 (print no. 2064), differed from the first version only by lowering the maximum supervisory fee from 0.4% to 0.1% of revenue. The President stated that "fundamental flaws were not addressed" and refused to sign.
Previously, on December 1, 2025, the President vetoed the first version (print no. 1424), and on December 5, the Sejm failed to override the veto with the required 3/5 majority (243 for, 192 against, 261 needed).
Why Is the Act Necessary?
The MiCA Regulation (Markets in Crypto-Assets, EU 2023/1114) applies directly across all EU member states since December 30, 2024. However, launching the CASP (Crypto-Asset Service Provider) licensing procedure in a given country requires national legislation designating the supervisory authority, procedures, and fees.
Without the Polish act:
- KNF (Polish Financial Supervision Authority) has not been formally designated as the competent authority
- Polish companies cannot apply for a CASP license domestically
- Foreign entities with MiCA licenses (e.g., from Cyprus, Lithuania, Czechia) can serve the Polish market cross-border
July 1, 2026 — The Hard Deadline
Article 143(3) of MiCA provides an 18-month transitional period for entities lawfully providing crypto-asset services before December 30, 2024. In Poland, this covers firms registered in the Virtual Currency Activity Register (RDWW) maintained by the Tax Administration Chamber in Katowice.
As the KNF Office stated in February 2026: after July 1, 2026, these entities "will lose the ability to provide crypto-asset services until they obtain appropriate authorization." Critically: this deadline cannot be extended by national law or KNF decision.
Practical Consequences for the Market
- Exodus to other jurisdictions — companies are already obtaining CASP licenses in Cyprus, using the EU passport
- Competitive inequality — foreign MiCA-licensed entities enter the Polish market while Polish firms cannot obtain domestic licenses
- Regulatory risk — entities without a license after July 1 may breach MiCA provisions
- Tax implications — without the act, favorable CIT and PIT changes for token issuers will not take effect
What's Next?
The government announced work on another draft. Economist Krzysztof Piech is reportedly preparing a new, crypto-friendly MiCA implementation bill. The realistic scenario is a new bill addressing the President's concerns — but time is working against the Polish market.
For crypto-asset businesses, the recommendation is clear: don't wait for the Polish act. Consider obtaining a CASP license in another EU jurisdiction (Cyprus, Lithuania, Czechia) and operate cross-border under MiCA passporting. At the same time, monitor legislative progress and prepare documentation proactively.
Need help navigating MiCA compliance? Contact us for a strategic assessment of your options.