The government and the parliamentary majority continue their efforts to ensure that the Act on Cryptoassets 2.0 comes into force. It is intended to implement some of the regulations imposed on EU member states by the Crypto Assets Regulation (MiCA).
The problem is that Act 2.0 is almost identical to the one that was previously vetoed by President Karol Nawrocki. Senators even withdrew the only amendment introduced by the Sejm.
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What does the amendment adopted by the Senate provide for?
Amendment adopted by the Senate eliminates the amendment previously adopted by the Sejm. It is about costs for issuers of cryptocurrency tokens, which is mainly important for the so-called startups that would like to create tokens and thus finance their activities.
The MPs (Polish 2050 amendment) decided to reduce it maximum fee for supervision over token issuance from 0.5%. up to 0.1 percent Senators, on the other hand, adopted an amendment today that: increases the fee from 0.1%. up to 0.5 percent This is the maximum amount. The Act provides that it will depend on the issuer's financial liabilities arising from the issued tokens. However, it cannot be less than EUR 500. Issuers are to pay a supervision fee from the second year of operation. In the first case there will be no fee. Senators restored the fee to the amount originally proposed by the government.
Senators also considered 15 other amendments submitted by PiS (Krzysztof Bieńkowski). Senator Bieńkowski justified that the amendments were intended to introduce changes that would allow the president to sign the act. However, the Senate rejected all these amendments.
What does the Act on Cryptoassets 2.0 provide for?
Act 2.0 implements the regulations imposed on member states by the EU regulation on cryptoassets (MiCA for Markets in Crypto Assets). It sets out the rules for regulating and supervising the issuance, trade and provision of services related to cryptoassets across the EU.
As Tomasz Konarzewski, attorney and tax advisor at the Tomczykowski Tomczykowska law firm, explained to us, the MiCA regulation is already in force, and Poland only needs to adapt Polish regulations to a minor extent:
— designate the appropriate supervisory authority for cryptoassets (ultimately this is to be the Polish Financial Supervision Authority), and
— define internal regulatory and supervisory requirements as well as appropriate safeguards for consumers' interests.
However, the Cryptoassets 2.0 Act goes much further than these two mandatory points.
According to its regulations the crypto-asset market is to be subject to the supervision of the Polish Financial Supervision Authorityequipped with appropriate control and supervisory instruments. It also provides for clarification of some of the obligations of issuers of tokens related to assets and tokens serving as e-money, as well as entities providing services related to cryptoassets.
Act 2.0 also provides that the head of the Polish Financial Supervision Authority or his deputy will be able to block a cryptocurrency accountas well as banking for 96 hours. The prosecutor's office will be able to extend the blockade for six months. The Polish Financial Supervision Authority will also be able to block links, e.g., of cryptocurrency exchanges, which would prevent cryptocurrency trading. The Act on the Crypto-Asset Market provides for the creation of a register of Internet domains used to conduct activities violating the provisions of the MiCA Regulation. The register is to be maintained by the Polish Financial Supervision Authority, and Internet providers will be able to block access to websites included in the register by the Polish Financial Supervision Authority. Including a website in the register would mean that an entrepreneur running a business using it would be deprived of the opportunity to earn money from one day to the next.
The act also assumes high supervision fees. It will be as much as 0.4 percent. average value of revenues. In other EU countries, the supervision fee has an upper, strictly defined limit, not exceeding several dozen thousand euros.
The act also introduces high penalties. As she explained Katarzyna Szczudlik, attorney, partner at the Schoenher law firm in an interview with Business Insider, those provided for in the Crypto-Assets Act go much further than what results from MICA. For example, the lawyer points out, even applying for admission to trading in cryptoassets if the company does not meet the requirements will be punishable. — There are no such penalties in other regulations relating to capital markets. Penalties are usually imposed on entities that have met the requirements and do not comply with them after obtaining a license, noted Katarzyna Szczudlik.
We had two years to implement these requirements imposed by the EU MiCA regulation (the EU regulation entered into force on December 30, 2024). The time to adapt our national regulations ends on June 30, 2026.
The Crypto-Assets Act version 2.0 is almost identical to version 1.0. Therefore, it does not remove the flaws that the president pointed out when he vetoed Act 1.0 (we remind them later in the article). The opposite position regarding the act is presented by the Ministry of Finance. They were explained by Deputy Minister of Finance Jurand Drop in an interview with Business Insider: Facts and myths around the act on cryptoassets. The deputy finance minister warns the president [WYWIAD]. He explained, among other things, that the task of the Ministry of Finance is not to assess whether cryptoassets are good or bad, but to adapt Polish law to the EU MiCA regulation.so that companies can register in Poland and provide crypto-asset services to our citizens based on clear rules. Jurand Drop also explained that the act was extensive because the Ministry wanted to describe in detail the competences of the supervisory authority, i.e. the Polish Financial Supervision Authority. The idea was to limit the discretion of the Polish Financial Supervision Authority.
Will the Act 2.0 adopted by the Sejm and Senate change the president's assessment?
Why did Karol Nawrocki veto the first act on cryptoassets?
President Karol Nawrocki vetoed the first act on cryptoassets on December 1, 2025. He gave several reasons. First of all, the president believed that it was overregulation. Lawyers generally agree with this assessment, as we reported in the article: Do you invest in cryptocurrencies? Lawyers assessed the politicians' ideas
The president also pointed out that the solutions regarding domain blocking are unclear and open to abuse. He also did not agree that the Polish Financial Supervision Authority could disable the websites of entities operating in the crypto-asset industry.
He also emphasized that most European Union countries use simple warning lists that protect consumers' interests without requiring blocking entire websites or cutting off users from their accounts.
Moreover, the KNF supervision fees are too high.
President Karol Nawrocki assured in an interview with Channel Zero that neither during work on the act on cryptoassets in parliament, nor in the reports of the secret services, he received no information about the threats related to the cryptocurrency market. Karol Nawrocki he also rejected suggestions that the veto could have helped entities with questionable connections. In an interview with Channel Zero, the president stated that for many months there had been no allegations of Russian influence in the cryptocurrency sector. — This appeared suddenly when it turned out that there might be a veto – he said. In his opinion the government is trying to “instill social unrest” and information about the threats has not been presented to it in advance.
Author: Łukasz Zalewski, journalist of the Law section of Business Insider Polska
