Token issuance in gaming: Understanding MiCA’s classifications

The gaming industry has always been quick to embrace new technologies, often setting trends before they hit the mainstream. One of the latest developments gaining traction is the use of blockchain technology and token issuance within games. With the recent implementation of the Markets in Crypto-assets (MiCA) regulation in the European Union, gaming studios need to stay sharp about token classifications and their implications. Whether considering utility tokens, in-game assets, or hybrid tokens with multiple functions, a thorough understanding of the regulatory landscape can be highly beneficial. That’s why today we’re sharing everything your gaming studio needs to know about token issuance and regulatory compliance before MiCA’s rules fully come into force this December.
Effective from June 2023, MiCAR offers a clear regulatory framework for crypto-assets, including tokens issued by gaming studios. Here’s a quick breakdown of the main categories and criteria:

Financial instruments

Some tokens may fall under this category as defined by the Markets in Financial Instruments Directive II (MiFID II). This includes tokens that function like transferable securities, money-market instruments, or derivatives. If your tokens provide rights similar to shares, bonds, or other traditional financial instruments, they may be subject to strict financial regulations, affecting how you manage, distribute, and market these tokens.

Utility tokens

 

Utility tokens are designed to give access to specific products or services within your game’s ecosystem and are the most common type issued by gaming studios. Under MiCA, utility tokens are generally less regulated unless they overlap with characteristics of financial instruments. Are you certain your utility tokens don’t inadvertently offer rights that could classify them as securities?

Asset-referenced and electronic money tokens

 

Asset-referenced tokens (ARTs) and electronic money tokens (EMTs) are pegged to the value of other assets, such as a basket of currencies or a single currency. Does your game’s economy include tokens that maintain value by referencing external assets? If so, they must comply with additional regulatory requirements under MiCA.

Non-Fungible Tokens (NFTs)

 

NFTs represent unique digital assets used in games to signify ownership of specific items, characters, or other in-game elements. MiCA generally excludes NFTs from its scope, provided they are genuinely unique and not interchangeable. But what happens if NFTs are part of a larger series with similar characteristics? They could face regulatory scrutiny.

Hybrid tokens

 

Hybrid tokens combine elements from multiple categories, such as a token offering both in-game utility and financial returns. For hybrid tokens, the regulatory approach suggests that if any part of the token qualifies as a financial instrument, this classification should take precedence. This means careful consideration is needed to avoid unintended regulatory obligations.

The complexity of hybrid tokens

 

Hybrid tokens are an intriguing yet complex area for gaming studios considering token issuance. These tokens can span multiple functions, providing users with access to in-game features while also offering potential investment returns or governance rights.

Utility vs. security tokens 

Utility token characteristics

 

Typically, tokens granting access to game-related features like special items, characters, or levels are considered utility tokens. They’re used within the game’s ecosystem, offering perks or rewards without profit-sharing, ownership rights, or voting rights. As long as the token’s function is limited to in-game utilities, it usually falls under the utility token category under MiCA. But what if your token starts offering more than just ‘utility’?

Security token characteristics

 

If a hybrid token offers more than just ‘utility,’ such as rights to future profits, stakes in a game’s success, or governance over a decentralized game’s operations, it may be classified as a security token. This is particularly relevant in decentralized games where tokens could grant governance rights similar to shareholder voting in a corporation.

Regulatory implications

 

The main distinction is whether the token confers rights similar to financial instruments or serves a purely functional purpose within the game. If your hybrid token includes elements allowing holders to influence the game’s development or participate in profit-sharing, you may need to treat it as a security token, involving additional regulations under MiFID II.

Examples of hybrid tokens in gaming

 

Think of a token that allows players to vote on the development of new game features or participate in governance decisions about the game’s future direction. If this governance aspect becomes important, the token could be seen as giving rights similar to shares, thus classifying it as a security.

Conversely, a token that offers special perks within the game, such as access to exclusive content or characters, but does not provide financial returns or vital governance rights, would typically remain a utility token.

Why should you care about these classifications? 

 

Creating a sustainable and legally compliant ecosystem for your players is not just a matter of following the rules—it’s about building trust and securing the long-term success of your gaming studio. Misclassifying tokens can lead to serious legal and financial challenges, including fines, limitations on token distribution, or even the halt of token-related activities.

In addition, players today are becoming more savvy about the tokens they interact with. They want assurance that the assets they acquire, trade, or invest in are secure and that the studio behind them adheres to global regulations. Isn’t it in your best interest to build that trust?

As blockchain technology becomes more integrated into the gaming industry, understanding the regulatory environment becomes an absolute must. Staying well-informed and proactive allows your studio to utilize token issuance effectively, improving player engagement and generating new revenue streams while minimizing risks.

Remember, the ultimate goal is to enrich the player experience and create value to your game. With the right approach, tokens can become a powerful tool in your studio’s arsenal, fostering engagement and creating new revenue streams, all while staying on the right side of the law.