Matched: asset-referenced token, e-money token — …requirements for the offer to the public and admission to trading on a trading platform of crypto-assets other than asset-referenced tokens and e-money tokens, of asset-referenced tokens and of e-money tokens, as well as requirements for crypto-asset service providers. 2. In particular, this Regulation lays down the following: (a) transparency…
Stablecoins across saved source records.
169 saved source records are tagged from source title or excerpt text with explicit match provenance.
Stablecoins reading set
ART, EMT and adjacent issuer-framework source records.
Topics are another door into the same saved sources, sorted by question instead of country. A source appearing under a topic implies nothing about the rules of any country.
Title I — General provisions
Matched: e-money token — …following: (a) financial instruments; (b) deposits, including structured deposits; (c) funds, except if they qualify as e-money tokens; (d) securitisation positions in the context of a securitisation as defined in Article 2, point (1), of Regulation (EU) 2017/2402; (e) non-life or life insurance products falling within the classes of insurance…
Matched: asset-referenced token, e-money token — …able to be transferred and stored electronically using distributed ledger technology or similar technology; (6) ‘asset-referenced token’ means a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official…
Title II — Crypto-assets other than asset-referenced tokens or e-money tokens
Matched: asset-referenced token, e-money token — Article 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) is a legal person; (b) has…
Matched: asset-referenced token, e-money token — Article 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: (a) is a legal person; (b)…
Matched: asset-referenced token, e-money token — …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 to trading of such crypto-asset, shall comply with all of the following requirements: (a) the marketing communications are clearly identifiable as such; (b) the information…
Matched: asset-referenced token, e-money token — …seeking admission to trading, or operators of trading platforms for crypto-assets other than assetreferenced tokens or e-money tokens shall notify their crypto-asset white paper to the competent authority of their home Member State. 2. Marketing communications shall, upon request, be notified to the competent authority of the home Member State…
Matched: asset-referenced token, e-money token — …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 white papers and, where applicable, their marketing communications, on their website, which shall be publicly accessible, at a reasonable time in advance…
Matched: asset-referenced token, e-money token — Article 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 shall publish on their website the result of the offer to the public within 20 working days of the end of the…
Matched: asset-referenced token, e-money token — Article 11 Rights of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or emoney 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 with Article 12, offerors…
Matched: e-money token — …seeking admission to trading or operators of a trading platform for crypto-assets other than assetreferenced tokens or e-money tokens shall modify their published crypto-asset white papers and, where applicable, their published marketing communications, whenever there is a significant new factor, material mistake or material inaccuracy that is…
Matched: asset-referenced token, e-money token — Article 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 service provider placing crypto-assets on behalf of that offeror shall have a right of withdrawal. Retail holders shall have a period…
Matched: asset-referenced token, e-money token — Article 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 professionally; (b) communicate…
Matched: asset-referenced token — …the offeror, person seeking admission to trading, or operator of the trading platform for crypto-assets other than asset-referenced tokens or emoney tokens has infringed Article 6 by providing information that is not complete, fair or clear, or that is misleading and that reliance on such information had an impact on the holder’s decision…
Title III — Asset-referenced tokens
Matched: asset-referenced token — Article 16 Authorisation 1. A person shall not make an offer to the public, or seek the admission to trading, of an asset-referenced token, within the Union, unless that person is the issuer of that asset-referenced token and is: (a) a legal person or other undertaking that is established in the Union and has been authorised in accordance with…
Matched: asset-referenced token, e-money token — Article 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 crypto-asset white paper as referred to in Article 19 for the asset-referenced…
Matched: asset-referenced token, e-money token — …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 application for an authorisation referred to in Article 16 to the competent authority of their home Member State. 2. The application referred to in paragraph 1 shall contain all of the…
Matched: asset-referenced token — Article 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 about the issuer of the asset-referenced token;…
Matched: asset-referenced token — …the draft decision and the application, issue an opinion as regards its evaluation of the risks that issuing that asset-referenced token might pose to financial stability, the smooth operation of payment systems, monetary policy transmission and monetary sovereignty, and transmit its opinion to the competent authority concerned. Without prejudice…
Matched: asset-referenced token — …1095/2010, respectively, on the assessment of the suitability of the members of the management body of issuers of asset-referenced tokens and of the shareholders and members, whether direct or indirect, that have qualifying holdings in issuers of asset-referenced tokens. 4. Competent authorities shall also refuse authorisation if the ECB…
Matched: asset-referenced token — Article 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 authority the following information: (a) the number…
Matched: asset-referenced token — Article 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 means of…
Matched: asset-referenced token — Article 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 ceased to engage in business for six consecutive months, or has not used its authorisation for 12 consecutive months; (b) the issuer has obtained its…
Matched: asset-referenced token — Article 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 have a significant influence on the purchase…
Matched: asset-referenced token — Article 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…
Matched: asset-referenced token — Article 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 asset-referenced tokens in a fair, clear and not misleading…
Matched: asset-referenced token — Article 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, where applicable, the modified crypto-asset white paper referred to in Article 25. The…
Matched: asset-referenced token — Article 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, shall comply with all of the following requirements: (a) the marketing communications are clearly identifiable as such; (b) the information…
Matched: asset-referenced token — Article 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, the amount of asset-referenced tokens in circulation,…
Matched: asset-referenced token — Article 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 complaints received from holders of asset-referenced tokens and other interested parties,…
Matched: asset-referenced token — Article 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 interest between themselves and: (a) their shareholders or members; (b) any shareholder…
Matched: asset-referenced token — Article 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 competent authority with all of the necessary information to assess compliance with Article…
Matched: asset-referenced token — Article 34 Governance arrangements 1. Issuers of asset-referenced tokens shall have robust governance arrangements, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility, effective processes to identify, manage, monitor…
Matched: asset-referenced token — Article 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 % of the average amount of the reserve of assets referred to in Article 36; (c) a…
Matched: asset-referenced token — …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 such a way that: (a) the risks associated to the assets referenced by the asset-referenced…
Matched: asset-referenced token — Article 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 times that: (a) the reserve assets are not encumbered nor pledged as a financial collateral…
Matched: asset-referenced token — Article 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 minimal market risk, credit risk and concentration risk. The investments shall be capable…
Matched: asset-referenced token — Article 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 reserve assets when issuers are not able to meet their obligations as referred to…
Matched: asset-referenced token — Article 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 interest when providing crypto-asset services related to asset-referenced tokens. 3. For…
Matched: asset-referenced token — Article 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 in an issuer of an asset-referenced token…
Matched: asset-referenced token — Article 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 financial soundness of the proposed acquisition referred…
Matched: asset-referenced token, e-money token — Article 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 acts adopted…
Matched: asset-referenced token — Article 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 to Article…
Matched: asset-referenced token — Article 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 management of such issuers and that does not create…
Matched: asset-referenced token — Article 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 with the requirements applicable to the reserve of assets in cases where the issuer fails…
Matched: asset-referenced token, e-money token — Article 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, which is to be implemented upon a decision by the competent authority that the issuer is unable…
Title IV — E-money tokens
Matched: e-money token — Article 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 such e-money token and: (a) is authorised as a credit…
Matched: e-money token — Article 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 in this Article shall apply to issuers of e-money tokens.…
Matched: e-money token — Article 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 emoney tokens. 2. Crypto-asset service providers shall not grant interest when providing crypto-asset services related to e-money tokens. 3. For the purposes of paragraphs…
Matched: e-money token — Article 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 issuer of the e-money token; (b) information about…
Matched: e-money token — Article 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, information…
Matched: e-money token — Article 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 the following requirements: (a) the marketing communications are clearly identifiable as such; (b) the information in the marketing communications…
Matched: e-money token — Article 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 comply with the following: (a) at least 30 % of the funds…
Matched: e-money token — Article 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 to be notified to the competent authority shall, in respect of issuers of e-money tokens, be within six months of the date of the…
Matched: e-money token — Article 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 covered by the first…
Matched: e-money token — Article 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 that it wishes for its e-money…
Matched: e-money token — Article 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 45, (1) to (4) of this Regulation, instead of Article…
Title IX — Transitional and final provisions
Matched: asset-referenced token, e-money token — …necessity of the introduction of an approval mechanism for crypto-asset white papers for cryptoassets other than asset-referenced tokens and e-money tokens; (d) an estimate of the number of Union residents using or investing in crypto-assets issued in the Union; (e) where possible, an estimate of the number of Union residents using or investing…
Matched: asset-referenced token, e-money token — …and their market capitalisation, and the number of cryptoassets admitted to trading; (b) the number of issuers of asset-referenced tokens, and an analysis of the categories of reserve assets, the size of the reserves of assets and the volume of transactions in asset-referenced tokens; (c) the number of issuers of significant asset-referenced…
Matched: e-money token — …lending and borrowing of crypto-assets; (c) an assessment of the treatment of services associated to the transfer of e-money tokens, where not addressed in the context of the review of Directive (EU) 2015/2366; (d) an assessment of the development of markets in unique and non-fungible crypto-assets and of the appropriate regulatory treatment…
Matched: asset-referenced token, e-money token — …of derogation from Title II, only the following requirements shall apply in relation to crypto-assets other than asset-referenced tokens and e-money tokens that were admitted to trading before 30 December 2024: (a) Articles 7 and 9 shall apply to marketing communications published after 30 December 2024; (b) operators of trading platforms…
Matched: asset-referenced token — …3(1), point (7), of Regulation (EU) 2023/1114 of the European Parliament and of the Council (*13). 16. Issuance of asset-referenced tokens as defined in Article 3(1), point (6), of Regulation (EU) 2023/1114. 17. Crypto-asset services as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114.
Other saved source records
Matched: asset-referenced token, e-money token — ANNEX I DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR CRYPTO-ASSETS OTHER THAN ASSET-REFERENCED TOKENS OR E-MONEY TOKENS Part A: Information about the offeror or the person seeking admission to trading 1. Name; 2. Legal form; 3. Registered address and head office, where different; 4. Date of the registration;…
Matched: asset-referenced token — ANNEX II DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN ASSET-REFERENCED TOKEN Part A: Information about the issuer of the asset-referenced token 1. Name; 2. Legal form; 3. Registered address and head office, where different; 4. Date of the registration; 5. Legal entity identifier…
Matched: e-money token — ANNEX III DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN E-MONEY TOKEN Part A: Information about the issuer of the e-money token 1. Name; 2. Legal form; 3. Registered address and head office, where different; 4. Date of the registration; 5. Legal entity identifier or another identifier…
Matched: asset-referenced token — ANNEX V LIST OF INFRINGEMENTS REFERRED TO IN TITLES III AND VI FOR ISSUERS OF SIGNIFICANT ASSET-REFERENCED TOKENS 1. 2. 3. 4. 5. 6. 7. The issuer infringes Article 22(1) by not reporting, for each significant asset-referenced token with an issue value that is higher than EUR 100 000 000, on a quarterly basis to EBA…
Matched: e-money token — …LIST OF INFRINGEMENTS OF PROVISIONS REFERRED TO IN TITLE IV IN CONJUNCTION WITH TITLE III FOR ISSUERS OF SIGNIFICANT E-MONEY TOKENS 1. The issuer infringes Article 22(1) by not reporting, for each significant e-money token denominated in a currency that is not an official currency of a Member State with an issue value that is higher than EUR…
Matched: e-money token — …2015/2366 of the European Parliament and of the Council (8), except if they qualify as electronic money tokens (‘e-money tokens’), those that qualify as securitisation positions as defined in Regulation (EU) 2017/2402 of the European Parliament and of the Council (9), and those that qualify as non-life or life insurance contracts, pension…
Matched: asset-referenced token, e-money token — …banknotes and are likely to be used for making payments. Those crypto-assets should be defined in this Regulation as ‘e-money tokens’. The second type of crypto-assets concerns ‘asset-referenced tokens’, which aim to stabilise their value by referencing another value or right, or combination thereof, including one or several official currencies.…
Matched: e-money token — …crypto-assets. Accordingly, to avoid circumvention of the rules laid down in Directive 2009/110/EC, any definition of e-money tokens should be as wide as possible to capture all types of crypto-assets referencing a single official currency. In addition, strict conditions on the issuance of e-money tokens should be laid down, including an obligation…
Matched: asset-referenced token, e-money token — …is necessary to lay down rules for offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, as well as for issuers of asset-referenced tokens and e-money tokens. Issuers of crypto-assets are entities that have control over the creation of crypto-assets.
Matched: asset-referenced token, e-money token — (23) To ensure that all offers to the public of crypto-assets other than asset-referenced tokens or e-money tokens, which can potentially have a financial use, or all admissions of crypto-assets to trading on a trading platform for crypto-assets (‘admission to trading’), in the Union, are properly…
Matched: asset-referenced token, e-money token — …of the crypto-assets that they intend to purchase. When making an offer to the public of cryptoassets other than asset-referenced tokens or e-money tokens or when seeking admission to trading of such crypto-assets in the Union, offerors or persons seeking admission to trading should draw up, notify to their competent authority and publish…
Matched: asset-referenced token, e-money token — …proportionate approach, no requirements of this Regulation should apply to offers to the public of crypto-assets other than asset-referenced tokens or e-money tokens that are offered for free or that are automatically created as a reward for the maintenance of a distributed ledger or the validation of transactions in the context of a consensus mechanism.…
Matched: asset-referenced token, e-money token — …Regulation to draw up and publish a crypto-asset white paper should not apply to offers of crypto-assets other than asset-referenced tokens or e-money tokens that are made to fewer than 150 persons per Member State, or that are addressed solely to qualified investors where the cryptoassets can only be held by such qualified investors. SMEs…
Matched: asset-referenced token, e-money token — (29) Even though some offers of crypto-assets other than asset-referenced tokens or e-money tokens are exempt from various obligations of this Regulation, Union legislative acts that ensure consumer protection, such as Directive 2005/29/EC of the European Parliament and of the Council…
Matched: e-money token — …supervision, offerors and persons seeking admission to trading of crypto-assets other than assetreferenced tokens or e-money tokens should, before making any offer to the public of crypto-assets in the Union or before those crypto-assets are admitted to trading, notify their crypto-asset white paper and, upon request of the competent authority,…
Matched: e-money token — …should be able to suspend or prohibit an offer to the public of crypto-assets other than assetreferenced tokens or e-money tokens, or the admission of such crypto-assets to trading, where such an offer to the public or admission to trading does not comply with the applicable requirements of this Regulation, including where the crypto-asset…
Matched: asset-referenced token, e-money token — …published. After such publication, offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens should be allowed to offer those crypto-assets throughout the Union and to seek admission to trading of such crypto-assets in the Union.
Matched: asset-referenced token, e-money token — (36) Offerors of crypto-assets other than asset-referenced tokens or e-money tokens should have effective arrangements in place to monitor and safeguard the funds or other crypto-assets raised during their offer to the public. Those arrangements should also ensure that…
Matched: asset-referenced token, e-money token — …further ensure protection of retail holders of crypto-assets, retail holders that acquire crypto-assets other than asset-referenced tokens or e-money tokens directly from the offeror, or from a crypto-asset service provider placing the crypto-assets on behalf of the offeror, should be provided with a right of withdrawal during a period of…
Matched: asset-referenced token, e-money token — (38) Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens should act honestly, fairly and professionally, should communicate with holders and prospective holders of crypto-assets in a manner that is fair, clear and not misleading, should identify,…
Matched: asset-referenced token — (40) Asset-referenced tokens could be widely adopted by holders to transfer value or as a means of exchange and thus pose increased risks in terms of protection of holders of crypto-assets, in particular retail holders, and in terms…
Matched: asset-referenced token, e-money token, stablecoin — (41) Where a crypto-asset falls within the definition of an asset-referenced token or e-money token, Title III or IV of this Regulation should apply, irrespective of how the issuer intends to design the crypto-asset, including the mechanism for maintaining a stable value of the crypto-asset.…
Matched: asset-referenced token — (42) To ensure the proper supervision and monitoring of offers to the public of asset-referenced tokens, issuers of assetreferenced tokens should have a registered office in the Union.
Matched: asset-referenced token — (43) Offers to the public of asset-referenced tokens in the Union or seeking admission to trading of such crypto-assets should be permitted only where the competent authority has authorised the issuer of such crypto-assets to do so and has approved the relevant…
Matched: asset-referenced token — …should not need another authorisation under this Regulation in order to offer or seek the admission to trading of asset-referenced tokens. National procedures established under that Directive should apply but should be complemented by a requirement to notify the competent authority of the home Member State designated under this Regulation…
Matched: asset-referenced token — …authorisation on objective and demonstrable grounds, including where the business model of the applicant issuer of asset-referenced tokens might pose a serious threat to market integrity, financial stability or the smooth operation of payment systems. The competent authority should consult EBA, ESMA, the ECB and, where the issuer is established…
Matched: asset-referenced token — …binding insofar as it obliges a competent authority to refuse, withdraw or limit an authorisation of the issuer of asset-referenced tokens or to impose specific measures on the issuer of asset-referenced tokens. Article 263, first paragraph, TFEU provides that the Court of Justice of the European Union (the ‘Court of Justice’) should review…
Matched: asset-referenced token — (47) To ensure protection of retail holders, issuers of asset-referenced tokens should always provide holders of such tokens with information that is complete, fair, clear and not misleading. Crypto-asset white papers for asset-referenced tokens should include information on the stabilisation…
Matched: asset-referenced token — (48) In addition to the information provided in the crypto-asset white paper, issuers of asset-referenced tokens should also provide holders of such tokens with information on an ongoing basis. In particular, they should disclose on their website the amount of asset-referenced tokens in circulation and the value and…
Matched: asset-referenced token — (49) To ensure protection of retail holders, issuers of asset-referenced tokens should always act honestly, fairly and professionally and in the best interests of the holders of asset-referenced tokens. Issuers of asset-referenced tokens should also put in place a clear procedure for…
Matched: asset-referenced token — (50) Issuers of asset-referenced tokens should put in place a policy to identify, prevent, manage and disclose conflicts of interest that can arise from their relationships with their shareholders or members, or with any shareholder or member,…
Matched: asset-referenced token — (51) Issuers of asset-referenced tokens should have robust governance arrangements, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility and effective processes to identify, manage,…
Matched: asset-referenced token — (52) Issuers of asset-referenced tokens are usually at the centre of a network of entities that ensure the issuance of such crypto-assets, their transfer and their distribution to holders. Issuers of asset-referenced tokens should therefore be…
Matched: asset-referenced token — (53) To address the risks to the financial stability of the wider financial system, issuers of asset-referenced tokens should be subject to own funds requirements. Those requirements should be proportionate to the issuance size of the assetreferenced tokens and therefore calculated as a percentage of the reserve of assets…
Matched: asset-referenced token — (54) In order to cover their liability against holders of asset-referenced tokens, issuers of asset-referenced tokens should constitute and maintain a reserve of assets matching the risks reflected in such liability. The reserve of assets should be used for the benefit of the holders…
Matched: asset-referenced token — (55) To prevent the risk of loss for asset-referenced tokens and to preserve the value of those assets, issuers of assetreferenced tokens should have an adequate custody policy for their reserve assets. That policy should ensure that the reserve assets are fully…
Matched: asset-referenced token — (56) To protect holders of asset-referenced tokens against a decrease in value of the assets backing the value of the tokens, issuers of asset-referenced tokens should only invest the reserve assets in secure, low-risk assets with minimal market, concentration…
Matched: asset-referenced token — (57) Holders of asset-referenced tokens should have a permanent right of redemption so that the issuer is required to redeem the asset-referenced tokens at any time, upon request by the holders of the asset-referenced tokens. The issuer of assetreferenced…
Matched: asset-referenced token — (58) To reduce the risk that asset-referenced tokens are used as a store of value, issuers of asset-referenced tokens and crypto-asset service providers, when providing crypto-asset services related to asset-referenced tokens, should not grant interest to…
Matched: asset-referenced token, e-money token — (59) Asset-referenced tokens and e-money tokens should be deemed significant when they meet, or are likely to meet, certain criteria, including a large customer base, a high market capitalisation, or a large number of transactions.…
Matched: asset-referenced token — (60) A comprehensive monitoring of the entire ecosystem of issuers of asset-referenced tokens is important in order to determine the true size and impact of such tokens. To capture all transactions that are conducted in relation to any given asset-referenced token, the monitoring of such tokens…
Matched: asset-referenced token — (61) It is particularly important to estimate transactions settled with asset-referenced tokens associated to uses as a means of exchange within a single currency area, namely, those associated to payments of debts including in the context of transactions with merchants. Those transactions should…
Matched: asset-referenced token — (62) Where asset-referenced tokens pose a serious threat to the smooth operation of payment systems, monetary policy transmission or monetary sovereignty, central banks should be able to request the competent authority to withdraw the authorisation…
Matched: asset-referenced token — (64) Issuers of asset-referenced tokens should prepare a recovery plan providing for measures to be taken by the issuer to restore compliance with the requirements applicable to the reserve of assets, including in cases where the fulfilment of…
Matched: asset-referenced token — (65) Issuers of asset-referenced tokens should have a plan for the orderly redemption of the tokens to ensure that the rights of the holders of the asset-referenced tokens are protected where the issuers are not able to comply with their obligations,…
Matched: e-money token — (66) Issuers of e-money tokens should be authorised either as a credit institution under Directive 2013/36/EU or as an electronic money institution under Directive 2009/110/EC. E-money tokens should be deemed to be ‘electronic money’ as that…
Matched: e-money token — (67) Holders of e-money tokens should be provided with a claim against the issuer of the e-money tokens. Holders of emoney tokens should always be granted a right of redemption at par value for funds denominated in the official currency that…
Matched: e-money token — (68) To reduce the risk that e-money tokens are used as store of value, issuers of e-money tokens and crypto-asset service providers when they provide crypto-asset services related to e-money tokens, should not grant interest to holders of emoney tokens,…
Matched: e-money token — (69) The crypto-asset white paper drawn up by an issuer of e-money tokens should contain all information concerning that issuer and the offer of e-money tokens or their admission to trading that is necessary to enable prospective buyers to make an informed purchase decision and understand…
Matched: e-money token — (70) Where an issuer of e-money tokens invests the funds received in exchange for e-money tokens, such funds should be invested in assets denominated in the same official currency as the one that the e-money token is referencing in order to avoid cross-currency…
Matched: asset-referenced token, e-money token — (71) Significant e-money tokens could pose greater risks to financial stability than e-money tokens that are not significant and traditional electronic money. Issuers of significant e-money tokens that are electronic money institutions should…
Matched: e-money token — (72) Issuers of e-money tokens should have in place recovery and redemption plans to ensure that the rights of the holders of the e-money tokens are protected when issuers are not able to comply with their obligations.
Matched: e-money token — (91) The tools provided by issuers of electronic money to their clients to manage an e-money token might not be distinguishable from the activity of providing custody and administration services as regulated by this Regulation. Electronic money institutions should therefore be able to provide custody services,…
Matched: e-money token — …electronic money under Directive 2009/110/EC should also be able to distribute emoney tokens on behalf of issuers of e-money tokens without being required to obtain prior authorisation under this Regulation to provide crypto-asset services. Such distributors should, therefore, be exempt from the requirement to seek authorisation as a crypto-asset…
Matched: e-money token — …crypto-assets on behalf of clients. Depending on the precise features of the services associated to the transfer of e-money tokens, such services could fall under the definition of payment services in Directive (EU) 2015/2366. In such cases, those transfers should be provided by an entity authorised to provide such payment services in accordance…
Matched: e-money token — (94) This Regulation should not address the lending and borrowing of crypto-assets, including e-money tokens, and therefore should not prejudice applicable national law. The feasibility and necessity of regulating such activities should be further assessed.
Matched: asset-referenced token, e-money token — …sufficient powers to supervise the issuance, offer to the public and admission to trading of crypto-assets, including asset-referenced tokens or e-money tokens, as well as to supervise crypto-asset service providers. Those powers should include the power to suspend or prohibit an offer to the public or an admission to trading of crypto-assets…
Matched: asset-referenced token, e-money token — …power to impose penalties on issuers, offerors or persons seeking admission to trading of crypto-assets, including asset-referenced tokens or e-money tokens, and on crypto-asset service providers. When determining the type and level of an administrative penalty or other administrative measure, competent authorities should take into account…
Matched: asset-referenced token, e-money token — …crypto-assets and crypto-asset service providers, ESMA should establish a register of crypto-asset white papers, issuers of asset-referenced tokens, issuers of e-money tokens and crypto-asset service providers.
Matched: asset-referenced token — (102)Significant asset-referenced tokens can be used as a means of exchange and to make large volumes of payment transactions. Since such large volumes can pose specific risks to monetary transmission channels and monetary sovereignty, it is appropriate…
Matched: e-money token — (103)Competent authorities in charge of supervision under Directive 2009/110/EC should supervise issuers of e-money tokens. However, given the potential widespread use of significant e-money tokens as a means of payment and the risks they can pose to financial stability, a dual supervision both by competent authorities and by EBA of…
Matched: e-money token — (104)Significant e-money tokens denominated in an official currency of a Member State other than the euro which are used as a means of exchange and in order to settle large volumes of payment transactions can, although unlikely to occur, pose…
Matched: asset-referenced token, e-money token — (105)EBA should establish a college of supervisors for each issuer of significant asset-referenced tokens and of significant emoney tokens. Since issuers of significant asset-referenced tokens and of significant e-money tokens are usually at the centre of a network of entities that ensure the issuance, transfer…
Matched: asset-referenced token, e-money token — (106)To supervise issuers of significant asset-referenced tokens and of significant e-money tokens, EBA should have the powers, amongst others, to carry out on-site inspections, take supervisory measures and impose fines.
Matched: asset-referenced token, e-money token — (107)EBA should charge fees to issuers of significant asset-referenced tokens and of significant e-money tokens to cover its costs, including for overheads. For issuers of significant asset-referenced tokens, the fee should be proportionate to the size of their reserve of assets.…
Matched: asset-referenced token, e-money token — …adjust them to market and technological developments, further specifying certain criteria to determine whether an asset-referenced token or an e-money token should be classified as significant, determining when there is a significant investor protection concern or a threat to the proper functioning and integrity of markets in cryptoassets…
Matched: asset-referenced token, e-money token — …crypto-asset; the procedure for approval of crypto-asset white papers submitted by credit institutions when issuing asset-referenced tokens; the information that an application for authorisation as an issuer of asset-referenced tokens should contain; the methodology to estimate the quarterly average number and average aggregate value of transactions…
Matched: asset-referenced token, e-money token — …templates and procedures to transmit information for the purposes of the application for authorisation as an issuer of asset-referenced tokens; establishing standard forms, formats and templates for the purposes of reporting on asset-referenced tokens and e-money tokens denominated in a currency which is not an official currency of a Member State…
Matched: asset-referenced token, e-money token — …the legal framework applicable to offerors or persons seeking the admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, to issuers of asset-referenced tokens and e-money tokens and to crypto-asset service providers, and ensuring the proper functioning of markets in crypto-assets while ensuring the protection…
Matched: asset-referenced token, e-money token — …avoid disrupting market participants that provide services and activities in relation to crypto-assets other than asset-referenced tokens and e-money tokens that have been issued before the date of application of this Regulation, issuers of such crypto-assets should be exempt from the obligation to publish a crypto-asset white paper and certain…
Matched: asset-referenced token, e-money token — (116)Given that EBA should be mandated with the direct supervision of issuers of significant asset-referenced tokens and of significant e-money tokens, and ESMA should be mandated to make use of its powers in relation to significant cryptoasset service providers, it is necessary to ensure that EBA and ESMA are able to…
Matched: asset-referenced token — …1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (`the Regulation on markets in crypto-assets') and issuers of asset-referenced tokens; (g) central securities depositories; (h) central counterparties; (i) trading venues; (j) trade repositories; (k) managers of alternative investment funds; (l) management companies; (m) data reporting service…
Matched: asset-referenced token — …service provider as defined in the relevant provision of the Regulation on markets in crypto-assets; (56) `issuer of asset-referenced tokens' means an issuer of asset-referenced tokens as defined in the relevant provision of the Regulation on markets in crypto-assets; (57) `administrator of critical benchmarks' means an administrator of `critical…
Matched: asset-referenced token — …stakeholders that have an interest in the market for crypto-assets. 1 List of acronyms AIF Alternative investment fund ART Asset-referenced token CASP Crypto-asset service provider DLT Distributed ledger technology EBA European Banking Authority EMT Electronic money token ESMA European Securities and Markets Authority ESAs European Supervisory Authorities…
Matched: asset-referenced token — …crypto-asset service providers templates (24.1 KB - Excel Spreadsheet) Download ANNEX II Reporting for issuers of asset-referenced token - instructions (348.47 KB - PDF) Download ANNEX I Reporting for issuers of asset-referenced token templates (34.15 KB - Excel Spreadsheet) Download Final Report on draft ITS on reporting on asset-referenced…
Matched: asset-referenced token, e-money token — EBA/ITS/2024/04 19 June 2024 Final Report Draft Implementing Technical Standards on the reporting on asset-referenced tokens under Article 22(7) of Regulation (EU) No 2023/1114 (MiCAR) and on e-money tokens denominated in a currency that is not an official currency of a Member State pursuant to Article 58(3) of that Regulation…
Matched: asset-referenced token, e-money token — …Regulatory Technical Standards on the methodology to estimate the number and value of transactions associated to uses of asset-referenced tokens as a means of exchange under Article 22(6) of Regulation (EU) No 2023/1114 (MiCAR) and of e-money tokens denominated in a currency that is not an official currency of a Member State under Article 58(3)…
Matched: asset-referenced token, e-money token — …application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to reporting related to asset-referenced tokens and to e-money tokens denominated in a currency that is not an official currency of a Member State (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the…
Matched: asset-referenced token, e-money token — …technical standards specifying the methodology to estimate the number and value of transactions associated to uses of asset-referenced tokens and of e-money tokens denominated in a currency that is not an official currency of a Member State as a means of exchange (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on…