Consilena

European UnionRegulation

Markets in Crypto-Assets Regulation (MiCA) – Regulation (EU) 2023/1114

Current as of 150 provisionsMiCA

Provisions

150 in the library

Title I – Subject matter, scope and definitions3
  1. Art. 1

    Subject matter

    1. This Regulation lays down uniform requirements for the offer to the public and admission to trading on a trading platform of crypto-assets other than…

  2. Art. 2

    Scope

    1. This Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to…

  3. Art. 3

    Definitions

    1. For the purposes of this Regulation, the following definitions apply: (1) ‘distributed ledger technology’ or ‘DLT’ means a technology that enables the…

Title II – Crypto-assets other than asset-referenced tokens or e-money tokens12
  1. Art. 4

    Offers to the public of crypto-assets other than asset-referenced tokens or e-money tokens

    1. A person shall not make an offer to the public of a crypto-asset other than an asset-referenced token or e-money token in the Union unless that person: (a)…

  2. Art. 5

    Admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens

    1. A person shall not seek admission to trading of a crypto-asset other than an asset-referenced token or e-money token within the Union unless that person…

  3. Art. 6

    Content and form of the crypto-asset white paper

    1. A crypto-asset white paper shall contain all of the following information, as further specified in Annex I: (a) information about the offeror or the person…

  4. Art. 7

    Marketing communications

    1. Any marketing communications relating to an offer to the public of a crypto-asset other than an asset-referenced token or e-money token, or to the admission…

  5. Art. 8

    Notification of the crypto-asset white paper and of the marketing communications

    1. Offerors, persons seeking admission to trading, or operators of trading platforms for crypto-assets other than asset-referenced tokens or e-money tokens…

  6. Art. 9

    Publication of the crypto-asset white paper and of the marketing communications

    1. Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens shall publish their crypto-asset…

  7. Art. 10

    Result of the offer to the public and safeguarding arrangements

    1. Offerors of crypto-assets other than asset-referenced tokens or e-money tokens that set a time limit on their offer to the public of those crypto-assets…

  8. Art. 11

    Rights of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens

    1. After publication of the crypto-asset white paper in accordance with Article 9 and, where applicable, of the modified crypto-asset white paper in accordance…

  9. Art. 12

    Modification of published crypto-asset white papers and of published marketing communications

    1. Offerors, persons seeking admission to trading or operators of a trading platform for crypto-assets other than asset-referenced tokens or e-money tokens…

  10. Art. 13

    Right of withdrawal

    1. Retail holders who purchase crypto-assets other than asset-referenced tokens and e-money tokens either directly from an offeror or from a crypto-asset…

  11. Art. 14

    Obligations of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens

    1. Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens shall: (a) act honestly, fairly and…

  12. Art. 15

    Liability for the information given in a crypto-asset white paper

    1. Where an offeror, person seeking admission to trading or operator of a trading platform, has infringed Article 6 by providing in its crypto-asset white…

Title III – Asset-referenced tokens32
  1. Chapter 1 – Authorisation to offer asset-referenced tokens to the public and to seek their admission to trading

    Art. 16

    Authorisation

    to offer asset-referenced tokens to the public and to seek their admission to trading — Art. 16 — Authorisation 1. A person shall not make an offer to the…

  2. Art. 17

    Requirements for credit institutions

    1. An asset-referenced token issued by a credit institution may be offered to the public or admitted to trading if the credit institution: (a) draws up a…

  3. Art. 18

    Application for authorisation

    1. Legal persons or other undertakings that intend to offer to the public or seek the admission to trading of asset-referenced tokens shall submit their…

  4. Art. 19

    Content and form of the crypto-asset white paper for asset-referenced tokens

    1. A crypto-asset white paper for an asset-referenced token shall contain all of the following information, as further specified in Annex II: (a) information…

  5. Art. 20

    Assessment of the application for authorisation

    1. Competent authorities receiving an application for authorisation as referred to in Article 18 shall, within 25 working days of receipt of such application…

  6. Art. 21

    Grant or refusal of the authorisation

    1. Competent authorities shall, within 25 working days of receipt of the opinions referred to in Article 20(5), take a fully reasoned decision granting or…

  7. Art. 22

    Reporting on asset-referenced tokens

    1. For each asset-referenced token with an issue value that is higher than EUR 100 000 000, the issuer shall report on a quarterly basis to the competent…

  8. Art. 23

    Restrictions on the issuance of asset-referenced tokens used widely as a means of exchange

    1. Where, for an asset-referenced token, the estimated quarterly average number and average aggregate value of transactions per day associated to its uses as a…

  9. Art. 24

    Withdrawal of the authorisation

    1. Competent authorities shall withdraw the authorisation of an issuer of an asset-referenced token in any of the following situations: (a) the issuer has…

  10. Art. 25

    Modification of published crypto-asset white papers for asset-referenced tokens

    1. Issuers of asset-referenced tokens shall notify the competent authority of their home Member State of any intended change of their business model likely to…

  11. Art. 26

    Liability of issuers of asset-referenced tokens for the information given in a crypto-asset white paper

    1. Where an issuer has infringed Article 19 by providing in its crypto-asset white paper or in a modified crypto-asset white paper information that is not…

  12. Chapter 2 – Obligations of issuers of asset-referenced tokens

    Art. 27

    Obligation to act honestly, fairly and professionally in the best interest of the holders of asset-referenced tokens

    1. Issuers of asset-referenced tokens shall act honestly, fairly and professionally and shall communicate with the holders and prospective holders of…

  13. Art. 28

    Publication of the crypto-asset white paper

    An issuer of an asset-referenced token shall publish on its website the approved crypto-asset white paper referred to in Article 17(1) or Article 21(1) and…

  14. Art. 29

    Marketing communications

    1. Any marketing communications relating to an offer to the public of an asset-referenced token, or to the admission to trading of such asset-referenced token…

  15. Art. 30

    Ongoing information to holders of asset-referenced tokens

    1. Issuers of asset-referenced tokens shall in a clear, accurate and transparent manner disclose, in a publicly and easily accessible place on their website…

  16. Art. 31

    Complaints-handling procedures

    1. Issuers of asset-referenced tokens shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of…

  17. Art. 32

    Identification, prevention, management and disclosure of conflicts of interest

    1. Issuers of asset-referenced tokens shall implement and maintain effective policies and procedures to identify, prevent, manage and disclose conflicts of…

  18. Art. 33

    Notification of changes to management body

    Issuers of asset-referenced tokens shall notify immediately their competent authority of any changes to their management body, and shall provide their…

  19. Art. 34

    Governance arrangements

    1. Issuers of asset-referenced tokens shall have robust governance arrangements, including a clear organisational structure with well-defined, transparent and…

  20. Art. 35

    Own funds requirements

    1. Issuers of asset-referenced tokens shall, at all times, have own funds equal to an amount of at least the highest of the following: (a) EUR 350 000; (b) 2 %…

  21. Chapter 3 – Reserve of assets

    Art. 36

    Obligation to have a reserve of assets, and composition and management of such reserve of assets

    1. Issuers of asset-referenced tokens shall constitute and at all times maintain a reserve of assets. The reserve of assets shall be composed and managed in…

  22. Art. 37

    Custody of reserve assets

    1. Issuers of asset-referenced tokens shall establish, maintain and implement custody policies, procedures and contractual arrangements that ensure at all…

  23. Art. 38

    Investment of the reserve of assets

    1. Issuers of asset-referenced tokens that invest a part of the reserve of assets shall only invest those assets in highly liquid financial instruments with…

  24. Art. 39

    Right of redemption

    1. Holders of asset-referenced tokens shall have a right of redemption at all times against the issuers of the asset-referenced tokens, and in respect of the…

  25. Art. 40

    Prohibition of granting interest

    1. Issuers of asset-referenced tokens shall not grant interest in relation to asset-referenced tokens. 2. Crypto-asset service providers shall not grant…

  26. Chapter 4 – Acquisitions of issuers of asset-referenced tokens

    Art. 41

    Assessment of proposed acquisitions of issuers of asset-referenced tokens

    1. Any natural or legal persons or such persons acting in concert who intend to acquire, directly or indirectly (the ‘proposed acquirer’), a qualifying holding…

  27. Art. 42

    Content of the assessment of proposed acquisitions of issuers of asset-referenced tokens

    1. When performing the assessment referred to in Article 41(4), the competent authority shall appraise the suitability of the proposed acquirer and the…

  28. Chapter 5 – Significant asset-referenced tokens

    Art. 43

    Classification of asset-referenced tokens as significant asset-referenced tokens

    1. The criteria for classifying asset-referenced tokens as significant asset-referenced tokens shall be the following, as further specified by the delegated…

  29. Art. 44

    Voluntary classification of asset-referenced tokens as significant asset-referenced tokens

    1. Applicant issuers of asset-referenced tokens may indicate in their application for authorisation pursuant to Article 18, or in their notification pursuant…

  30. Art. 45

    Specific additional obligations for issuers of significant asset-referenced tokens

    1. Issuers of significant asset-referenced tokens shall adopt, implement and maintain a remuneration policy that promotes the sound and effective risk…

  31. Chapter 6 – Recovery and redemption plans

    Art. 46

    Recovery plan

    1. An issuer of an asset-referenced token shall draw up and maintain a recovery plan providing for measures to be taken by the issuer to restore compliance…

  32. Art. 47

    Redemption plan

    1. An issuer of an asset-referenced token shall draw up and maintain an operational plan to support the orderly redemption of each asset-referenced token…

Title IV – E-money tokens11
  1. Chapter 1 – Requirements to be fulfilled by all issuers of e-money tokens

    Art. 48

    Requirements for the offer to the public or admission to trading of e-money tokens

    1. A person shall not make an offer to the public or seek the admission to trading of an e-money token, within the Union, unless that person is the issuer of…

  2. Art. 49

    Issuance and redeemability of e-money tokens

    1. By way of derogation from Article 11 of Directive 2009/110/EC, in respect of the issuance and redeemability of e-money tokens only the requirements set out…

  3. Art. 50

    Prohibition of granting interest

    1. Notwithstanding Article 12 of Directive 2009/110/EC, issuers of e-money tokens shall not grant interest in relation to e-money tokens. 2. Crypto-asset…

  4. Art. 51

    Content and form of the crypto-asset white paper for e-money tokens

    1. A crypto-asset white paper for an e-money token shall contain all of the following information, as further specified in Annex III: (a) information about the…

  5. Art. 52

    Liability of issuers of e-money tokens for the information given in a crypto-asset white paper

    1. Where an issuer of an e-money token has infringed Article 51, by providing in its crypto-asset white paper or in a modified crypto-asset white paper…

  6. Art. 53

    Marketing communications

    1. Marketing communications relating to an offer to the public of an e-money token, or to the admission to trading of such e-money token, shall comply with all…

  7. Art. 54

    Investment of funds received in exchange for e-money tokens

    Funds received by issuers of e-money tokens in exchange for e-money tokens and safeguarded in accordance with Article 7(1) of Directive 2009/110/EC shall…

  8. Art. 55

    Recovery and redemption plans

    Title III, Chapter 6 shall apply mutatis mutandis to issuers of e-money tokens. By way of derogation from Article 46(2), the date by which the recovery plan is…

  9. Chapter 2 – Significant e-money tokens

    Art. 56

    Classification of e-money tokens as significant e-money tokens

    1. EBA shall classify e-money tokens as significant e-money tokens where at least three of the criteria set out in Article 43(1) are met: (a) during the period…

  10. Art. 57

    Voluntary classification of e-money tokens as significant e-money tokens

    1. An issuer of an e-money token, authorised as a credit institution or as an electronic money institution, or applying for such authorisation, may indicate…

  11. Art. 58

    Specific additional obligations for issuers of e-money tokens

    1. Electronic money institutions issuing significant e-money tokens shall be subject to: (a) the requirements referred to in Articles 36, 37, 38 and Article…

Title V – Authorisation and operating conditions for crypto-asset service providers27
  1. Chapter 1 – Authorisation of crypto-asset service providers

    Art. 59

    Authorisation

    and operating conditions for crypto-asset service providers — Chapter 1 – Authorisation of crypto-asset service providers — Art. 59 — Authorisation 1. A person…

  2. Art. 60

    Provision of crypto-asset services by certain financial entities

    1. A credit institution may provide crypto-asset services if it notifies the information referred to in paragraph 7 to the competent authority of its home…

  3. Art. 61

    Provision of crypto-asset services at the exclusive initiative of the client

    1. Where a client established or situated in the Union initiates at its own exclusive initiative the provision of a crypto-asset service or activity by a…

  4. Art. 62

    Application for authorisation as a crypto-asset service provider

    1. Legal persons or other undertakings that intend to provide crypto-asset services shall submit their application for an authorisation as a crypto-asset…

  5. Art. 63

    Assessment of the application for authorisation and grant or refusal of authorisation

    1. Competent authorities shall promptly, and in any event within five working days of receipt of an application under Article 62(1), acknowledge receipt…

  6. Art. 64

    Withdrawal of authorisation of a crypto-asset service provider

    1. Competent authorities shall withdraw the authorisation of a crypto-asset service provider if the crypto-asset service provider does any of the following…

  7. Art. 65

    Cross-border provision of crypto-asset services

    1. A crypto-asset service provider that intends to provide crypto-asset services in more than one Member State shall submit the following information to the…

  8. Chapter 2 – Obligations for all crypto-asset service providers

    Art. 66

    Obligation to act honestly, fairly and professionally in the best interests of clients

    1. Crypto-asset service providers shall act honestly, fairly and professionally in accordance with the best interests of their clients and prospective clients…

  9. Art. 67

    Prudential requirements

    1. Crypto-asset service providers shall, at all times, have in place prudential safeguards equal to an amount of at least the higher of the following: (a) the…

  10. Art. 68

    Governance arrangements

    1. Members of the management body of crypto-asset service providers shall be of sufficiently good repute and possess the appropriate knowledge, skills and…

  11. Art. 69

    Information to competent authorities

    Crypto-asset service providers shall notify their competent authority without delay of any changes to their management body, prior to the exercise of…

  12. Art. 70

    Safekeeping of clients’ crypto-assets and funds

    1. Crypto-asset service providers that hold crypto-assets belonging to clients or the means of access to such crypto-assets shall make adequate arrangements to…

  13. Art. 71

    Complaints-handling procedures

    1. Crypto-asset service providers shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of complaints…

  14. Art. 72

    Identification, prevention, management and disclosure of conflicts of interest

    1. Crypto-asset service providers shall implement and maintain effective policies and procedures, taking into account the scale, the nature and range of…

  15. Art. 73

    Outsourcing

    1. Crypto-asset service providers that outsource services or activities to third parties for the performance of operational functions shall take all reasonable…

  16. Art. 74

    Orderly wind-down of crypto-asset service providers

    Crypto-asset service providers that provide the services referred to in Articles 75 to 79 shall have in place a plan that is appropriate to support an orderly…

  17. Chapter 3 – Obligations in respect of specific crypto-asset services

    Art. 75

    Providing custody and administration of crypto-assets on behalf of clients

    1. Crypto-asset service providers providing custody and administration of crypto-assets on behalf of clients shall conclude an agreement with their clients to…

  18. Art. 76

    Operation of a trading platform for crypto-assets

    1. Crypto-asset service providers operating a trading platform for crypto-assets shall lay down, maintain and implement clear and transparent operating rules…

  19. Art. 77

    Exchange of crypto-assets for funds or other crypto-assets

    1. Crypto-asset service providers exchanging crypto-assets for funds or other crypto-assets shall establish a non-discriminatory commercial policy that…

  20. Art. 78

    Execution of orders for crypto-assets on behalf of clients

    1. Crypto-asset service providers executing orders for crypto-assets on behalf of clients shall take all necessary steps to obtain, while executing orders, the…

  21. Art. 79

    Placing of crypto-assets

    1. Crypto-asset service providers placing crypto-assets shall communicate the following information to the offeror, to the person seeking admission to trading…

  22. Art. 80

    Reception and transmission of orders for crypto-assets on behalf of clients

    1. Crypto-asset service providers receiving and transmitting orders for crypto-assets on behalf of clients shall establish and implement procedures and…

  23. Art. 81

    Providing advice on crypto-assets and providing portfolio management of crypto-assets

    1. Crypto-asset service providers providing advice on crypto-assets or providing portfolio management of crypto-assets shall assess whether the crypto-asset…

  24. Art. 82

    Providing transfer services for crypto-assets on behalf of clients

    1. Crypto-asset service providers providing transfer services for crypto-assets on behalf of clients shall conclude an agreement with their clients to specify…

  25. Chapter 4 – Acquisition of crypto-asset service providers

    Art. 83

    Assessment of proposed acquisitions of crypto-asset service providers

    1. Any natural or legal person or such persons acting in concert who have taken a decision either to acquire, directly or indirectly, (the ‘ proposed…

  26. Art. 84

    Content of the assessment of proposed acquisitions of crypto-asset service providers

    1. When performing the assessment referred to in Article 83(4), the competent authority shall appraise the suitability of the proposed acquirer and the…

  27. Chapter 5 – Significant crypto-asset service providers

    Art. 85

    Identification of significant crypto-asset service providers

    1. A crypto-asset service provider shall be deemed significant if it has in the Union at least 15 million active users, on average, in one calendar year, where…

Title VI – Prevention and prohibition of market abuse involving crypto-assets7
  1. Art. 86

    Scope of the rules on market abuse

    1. This Title shall apply to acts carried out by any person concerning crypto-assets that are admitted to trading or in respect of which a request for…

  2. Art. 87

    Inside information

    1. For the purposes of this Regulation, inside information shall comprise the following types of information: (a) information of a precise nature, which has…

  3. Art. 88

    Public disclosure of inside information

    1. Issuers, offerors and persons seeking admission to trading shall inform the public as soon as possible of inside information referred to in Article 87 that…

  4. Art. 89

    Prohibition of insider dealing

    1. For the purposes of this Regulation, insider dealing shall be deemed to arise where a person possesses inside information and uses that information by…

  5. Art. 90

    Prohibition of unlawful disclosure of inside information

    1. No person in possession of inside information shall unlawfully disclose inside information to any other person, except where such disclosure is made in the…

  6. Art. 91

    Prohibition of market manipulation

    1. No person shall engage in or attempt to engage in market manipulation. 2. For the purposes of this Regulation, market manipulation shall comprise any of the…

  7. Art. 92

    Prevention and detection of market abuse

    1. Any person professionally arranging or executing transactions in crypto-assets shall have in place effective arrangements, systems and procedures to prevent…

Title VII – Competent authorities, eba and esma47
  1. Chapter 1 – Powers of competent authorities and cooperation between competent authorities, EBA and ESMA

    Art. 93

    Competent authorities

    1. Member States shall designate the competent authorities responsible for carrying out the functions and duties provided for in this Regulation. Member States…

  2. Art. 94

    Powers of competent authorities

    and cooperation between competent authorities, EBA and ESMA — Art. 94 — Powers of competent authorities 1. In order to perform their duties under Titles II to…

  3. Art. 95

    Cooperation between competent authorities

    1. Competent authorities shall cooperate with each other for the purposes of this Regulation. Competent authorities shall render assistance to competent…

  4. Art. 96

    Cooperation with EBA and ESMA

    1. For the purposes of this Regulation, the competent authorities shall cooperate closely with ESMA in accordance with Regulation (EU) No 1095/2010 and with…

  5. Art. 97

    Promotion of convergence on the classification of crypto-assets

    1. By 30 December 2024, the ESAs shall jointly issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, Article 16 of Regulation (EU) No…

  6. Art. 98

    Cooperation with other authorities

    Where an offeror, person seeking admission to trading, an issuer of an asset-referenced token or e-money token or a crypto-asset service provider engages in…

  7. Art. 99

    Duty of notification

    Member States shall notify the laws, regulations and administrative provisions implementing this Title, including any relevant criminal law provisions, to the…

  8. Art. 100

    Professional secrecy

    1. All information exchanged between the competent authorities under this Regulation that concerns business or operational conditions and other economic or…

  9. Art. 101

    Data protection

    With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of…

  10. Art. 102

    Precautionary measures

    1. Where the competent authority of a host Member State has clear and demonstrable grounds for suspecting that there are irregularities in the activities of an…

  11. Art. 103

    ESMA temporary intervention powers

    1. In accordance with Article 9(5) of Regulation (EU) No 1095/2010, ESMA may, where the conditions in paragraphs 2 and 3 of this Article are fulfilled…

  12. Art. 104

    EBA temporary intervention powers

    1. In accordance with Article 9(5) of Regulation (EU) No 1093/2010, EBA may, where the conditions in paragraphs 2 and 3 of this Article are fulfilled…

  13. Art. 105

    Product intervention by competent authorities

    1. A competent authority may prohibit or restrict the following in or from its Member State: (a) the marketing, distribution or sale of certain crypto-assets…

  14. Art. 106

    Coordination with ESMA or EBA

    1. ESMA or, for asset-referenced tokens and e-money tokens, EBA, shall perform a facilitating and coordinating role in relation to measures taken by competent…

  15. Art. 107

    Cooperation with third countries

    1. The competent authorities of Member States shall, where necessary, conclude cooperation arrangements with supervisory authorities of third countries…

  16. Art. 108

    Complaints-handling by competent authorities

    1. Competent authorities shall set up procedures that allow clients and other interested parties, including consumer associations, to submit complaints to them…

  17. Chapter 2 – ESMA register

    Art. 109

    Register of crypto-asset white papers, of issuers of asset-referenced tokens and e-money tokens, and of crypto-asset service providers

    1. ESMA shall establish a register of: (a) crypto-asset white papers for crypto-assets other than asset-referenced tokens and e-money tokens; (b) issuers of…

  18. Art. 110

    Register of non-compliant entities providing crypto-asset services

    1. ESMA shall establish a non-exhaustive register of entities that provide crypto-asset services in violation of Article 59 or 61. 2. The register shall…

  19. Art. 110a

    Accessibility of information on the European single access point

    1. From 10 January 2030, when making public any information referred to in Article 88(1) of this Regulation, the issuer, offeror or person seeking admission to…

  20. Chapter 3 – Administrative penalties and other administrative measures by competent authorities

    Art. 111

    Administrative penalties and other administrative measures

    by competent authorities — Art. 111 — Administrative penalties and other administrative measures 1. Without prejudice to any criminal penalties and without…

  21. Art. 112

    Exercise of supervisory powers and powers to impose penalties

    1. Competent authorities, when determining the type and level of an administrative penalty or other administrative measure to be imposed in accordance with…

  22. Art. 113

    Right of appeal

    1. Member States shall ensure that decisions taken by competent authorities under this Regulation are properly reasoned and subject to the right of appeal…

  23. Art. 114

    Publication of decisions

    1. A decision imposing administrative penalties and other administrative measures for an infringement of this Regulation in accordance with Article 111 shall…

  24. Art. 115

    Reporting of administrative penalties and other administrative measures to ESMA and EBA

    1. The competent authority shall, on an annual basis, provide ESMA and EBA with aggregate information regarding all administrative penalties and other…

  25. Art. 116

    Reporting of infringements and protection of reporting persons

    Directive (EU) 2019/1937 shall apply to the reporting of infringements of this Regulation and the protection of persons reporting such infringements.

  26. Chapter 4 – Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and significant e-money tokens and colleges of supervisors

    Art. 117

    Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens

    1. Where an asset-referenced token has been classified as significant in accordance with Article 43 or 44, the issuer of such asset-referenced token shall…

  27. Art. 118

    EBA crypto-asset committee

    1. EBA shall create a permanent internal committee pursuant to Article 41 of Regulation (EU) No 1093/2010 for the purposes of preparing EBA’s decisions to be…

  28. Art. 119

    Colleges for issuers of significant asset-referenced tokens and significant e-money tokens

    1. Within 30 calendar days of a decision to classify an asset-referenced token or e-money token as significant pursuant to Article 43, 44, 56 or 57, as…

  29. Art. 120

    Non-binding opinions of the colleges for issuers of significant asset-referenced tokens and significant e-money tokens

    1. A college referred to in Article 119(1) may issue a non-binding opinion on the following: (a) the supervisory reassessment as referred to in Article 117(3)…

  30. Chapter 5 – EBA’s powers and competences with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens

    Art. 121

    Legal privilege

    The powers conferred on EBA by Articles 122 to 125, or on any official or other person authorised by EBA, shall not be used to require the disclosure of…

  31. Art. 122

    Request for information

    1. In order to carry out its supervisory responsibilities under Article 117, EBA may by simple request or by decision require the following persons to provide…

  32. Art. 123

    General investigative powers

    1. In order to carry out its supervisory responsibilities under Article 117, EBA may conduct investigations into issuers of significant asset-referenced tokens…

  33. Art. 124

    On-site inspections

    1. In order to carry out its supervisory responsibilities under Article 117, EBA may conduct all necessary on-site inspections at any business premises of the…

  34. Art. 125

    Exchange of information

    1. In order to carry out EBA’s supervisory responsibilities under Article 117 and without prejudice to Article 96, EBA and the competent authorities shall…

  35. Art. 126

    Administrative agreements on the exchange of information between EBA and third countries

    1. In order to carry out its supervisory responsibilities under Article 117, EBA may conclude administrative agreements on the exchange of information with the…

  36. Art. 127

    Disclosure of information from third countries

    1. EBA may disclose information received from supervisory authorities of third countries only where EBA or the competent authority that provided the…

  37. Art. 128

    Cooperation with other authorities

    Where an issuer of a significant asset-referenced token or an issuer of a significant e-money token engages in activities other than those covered by this…

  38. Art. 129

    Professional secrecy

    The obligation of professional secrecy shall apply to EBA and all persons who work or who have worked for EBA as well as for any other person to whom EBA has…

  39. Art. 130

    Supervisory measures by EBA

    1. Where EBA finds that an issuer of a significant asset-referenced token has committed an infringement as listed in Annex V, it may take one or more of the…

  40. Art. 131

    Fines

    1. EBA shall adopt a decision imposing a fine in accordance with paragraph 3 or 4 of this Article where, in accordance with Article 134(8), it finds that: (a)…

  41. Art. 132

    Periodic penalty payments

    1. EBA shall adopt a decision imposing periodic penalty payments in order to compel: (a) a person to cease the conduct constituting an infringement in…

  42. Art. 133

    Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

    1. EBA shall disclose to the public every fine and periodic penalty payment that has been imposed pursuant to Articles 131 and 132, unless such disclosure to…

  43. Art. 134

    Procedural rules for taking supervisory measures and imposing fines

    1. Where, in carrying out its supervisory responsibilities under Article 117, there are clear and demonstrable grounds to suspect that there has been or will…

  44. Art. 135

    Hearing of the persons concerned

    1. Before taking any decision pursuant to Article 130, 131 or 132, EBA shall give the persons subject to an investigation the opportunity to be heard on its…

  45. Art. 136

    Review by the Court of Justice

    The Court of Justice shall have unlimited jurisdiction to review decisions whereby EBA has imposed a fine, a periodic penalty payment or any administrative…

  46. Art. 137

    Supervisory fees

    1. EBA shall charge fees to issuers of significant asset-referenced tokens and issuers of significant e-money tokens. Those fees shall cover EBA’s expenditure…

  47. Art. 138

    Delegation of tasks by EBA to competent authorities

    1. Where necessary for the proper performance of a supervisory task in respect of issuers of significant asset-referenced tokens or issuers of significant…

Title VIII – Delegated acts1
  1. Art. 139

    Exercise of the delegation

    1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

Title IX – Transitional and final provisions10
  1. Art. 140

    Reports on the application of this Regulation

    1. By 30 June 2027, having consulted EBA and ESMA, the Commission shall present a report to the European Parliament and the Council on the application of this…

  2. Art. 141

    ESMA annual report on market developments

    By 31 December 2025 and every year thereafter, ESMA, in close cooperation with EBA, shall submit a report to the European Parliament and to the Council on the…

  3. Art. 142

    Report on latest developments in crypto-assets

    1. By 30 December 2024 and after consulting EBA and ESMA, the Commission shall present a report to the European Parliament and the Council on the latest…

  4. Art. 143

    Transitional measures

    1. Articles 4 to 15 shall not apply to offers to the public of crypto-assets that ended before 30 December 2024. 2. By way of derogation from Title II, only…

  5. Art. 144

    Amendment to Regulation (EU) No 1093/2010

    In Article 1(2) of Regulation (EU) No 1093/2010, the first subparagraph is replaced by the following: ‘The Authority shall act within the powers conferred by…

  6. Art. 145

    Amendment to Regulation (EU) No 1095/2010

    In Article 1(2) of Regulation (EU) No 1095/2010, the first subparagraph is replaced by the following: ‘The Authority shall act within the powers conferred by…

  7. Art. 146

    Amendment to Directive 2013/36/EU

    In Annex I to Directive 2013/36/EU, point 15 is replaced by the following: ‘15. Issuing electronic money including electronic-money tokens as defined in…

  8. Art. 147

    Amendment to Directive (EU) 2019/1937

    In Part I.B of the Annex to Directive (EU) 2019/1937, the following point is added: ‘(xxii) Regulation (EU) 2023/1114 of the European Parliament and of the…

  9. Art. 148

    Transposition of amendments to Directives 2013/36/EU and (EU) 2019/1937

    1. Member States shall adopt and publish, by 30 December 2024, the laws, regulations and administrative provisions necessary to comply with Articles 146 and…

  10. Art. 149

    Entry into force and application

    1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. This…

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