What changes on 09/01/2024
The text in force from 29/06/2023 compared with the text from 09/01/2024, which includes the changes made by Regulation (EU) 2023/2869.
1 inserted
140 amended
0 deleted
0 moved
Read the act as of 09/01/2024 · other versions:
Title I
- amended Article 1 - Subject matter
- amended Article 2 - Scope
- amended Article 3 - Definitions
Title II
- amended Article 4 - Offers to the public of crypto-assets other than asset-referenced tokens or e-money tokens
- amended Article 5 - Admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens
- amended Article 6 - Content and form of the crypto-asset white paper
- amended Article 7 - Marketing communications
- amended Article 8 - Notification of the crypto-asset white paper and of the marketing communications
- amended Article 9 - Publication of the crypto-asset white paper and of the marketing communications
- amended Article 10 - Result of the offer to the public and safeguarding arrangements
- amended Article 11 - Rights of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens
- amended Article 12 - Modification of published crypto-asset white papers and of published marketing communications
- amended Article 13 - Right of withdrawal
- amended Article 14 - Obligations of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens
- amended Article 15 - Liability for the information given in a crypto-asset white paper
Title III › Chapter 1
- amended Article 16 - Authorisation
- amended Article 17 - Requirements for credit institutions
- amended Article 18 - Application for authorisation
- amended Article 19 - Content and form of the crypto-asset white paper for asset-referenced tokens
- amended Article 20 - Assessment of the application for authorisation
- amended Article 21 - Grant or refusal of the authorisation
- amended Article 22 - Reporting on asset-referenced tokens
- amended Article 23 - Restrictions on the issuance of asset-referenced tokens used widely as a means of exchange
- amended Article 24 - Withdrawal of the authorisation
- amended Article 25 - Modification of published crypto-asset white papers for asset-referenced tokens
- amended Article 26 - Liability of issuers of asset-referenced tokens for the information given in a crypto-asset white paper
Title III › Chapter 2
- amended Article 27 - Obligation to act honestly, fairly and professionally in the best interest of the holders of asset-referenced tokens
- amended Article 29 - Marketing communications
- amended Article 30 - Ongoing information to holders of asset-referenced tokens
- amended Article 31 - Complaints-handling procedures
- amended Article 32 - Identification, prevention, management and disclosure of conflicts of interest
- amended Article 34 - Governance arrangements
- amended Article 35 - Own funds requirements
Title III › Chapter 3
- amended Article 36 - Obligation to have a reserve of assets, and composition and management of such reserve of assets
- amended Article 37 - Custody of reserve assets
- amended Article 38 - Investment of the reserve of assets
- amended Article 39 - Right of redemption
- amended Article 40 - Prohibition of granting interest
Title III › Chapter 4
- amended Article 41 - Assessment of proposed acquisitions of issuers of asset-referenced tokens
- amended Article 42 - Content of the assessment of proposed acquisitions of issuers of asset-referenced tokens
Title III › Chapter 5
- amended Article 43 - Classification of asset-referenced tokens as significant asset-referenced tokens
- amended Article 44 - Voluntary classification of asset-referenced tokens as significant asset-referenced tokens
- amended Article 45 - Specific additional obligations for issuers of significant asset-referenced tokens
Title III › Chapter 6
- amended Article 46 - Recovery plan
- amended Article 47 - Redemption plan
Title IV › Chapter 1
- amended Article 48 - Requirements for the offer to the public or admission to trading of e-money tokens
- amended Article 49 - Issuance and redeemability of e-money tokens
- amended Article 50 - Prohibition of granting interest
- amended Article 51 - Content and form of the crypto-asset white paper for e-money tokens
- amended Article 52 - Liability of issuers of e-money tokens for the information given in a crypto-asset white paper
- amended Article 53 - Marketing communications
- amended Article 54 - Investment of funds received in exchange for e-money tokens
Title IV › Chapter 2
- amended Article 56 - Classification of e-money tokens as significant e-money tokens
- amended Article 57 - Voluntary classification of e-money tokens as significant e-money tokens
- amended Article 58 - Specific additional obligations for issuers of e-money tokens
Title V › Chapter 1
- amended Article 59 - Authorisation
- amended Article 60 - Provision of crypto-asset services by certain financial entities
- amended Article 61 - Provision of crypto-asset services at the exclusive initiative of the client
- amended Article 62 - Application for authorisation as a crypto-asset service provider
- amended Article 63 - Assessment of the application for authorisation and grant or refusal of authorisation
- amended Article 64 - Withdrawal of authorisation of a crypto-asset service provider
- amended Article 65 - Cross-border provision of crypto-asset services
Title V › Chapter 2
- amended Article 66 - Obligation to act honestly, fairly and professionally in the best interests of clients
- amended Article 67 - Prudential requirements
- amended Article 68 - Governance arrangements
- amended Article 70 - Safekeeping of clients’ crypto-assets and funds
- amended Article 71 - Complaints-handling procedures
- amended Article 72 - Identification, prevention, management and disclosure of conflicts of interest
- amended Article 73 - Outsourcing
Title V › Chapter 3
- amended Article 75 - Providing custody and administration of crypto-assets on behalf of clients
- amended Article 76 - Operation of a trading platform for crypto-assets
- amended Article 77 - Exchange of crypto-assets for funds or other crypto-assets
- amended Article 78 - Execution of orders for crypto-assets on behalf of clients
- amended Article 79 - Placing of crypto-assets
- amended Article 80 - Reception and transmission of orders for crypto-assets on behalf of clients
- amended Article 81 - Providing advice on crypto-assets and providing portfolio management of crypto-assets
- amended Article 82 - Providing transfer services for crypto-assets on behalf of clients
Title V › Chapter 4
- amended Article 83 - Assessment of proposed acquisitions of crypto-asset service providers
- amended Article 84 - Content of the assessment of proposed acquisitions of crypto-asset service providers
Title V › Chapter 5
Title VI
- amended Article 86 - Scope of the rules on market abuse
- amended Article 87 - Inside information
- amended Article 88 - Public disclosure of inside information
- amended Article 89 - Prohibition of insider dealing
- amended Article 90 - Prohibition of unlawful disclosure of inside information
- amended Article 91 - Prohibition of market manipulation
- amended Article 92 - Prevention and detection of market abuse
Title VII › Chapter 1
- amended Article 93 - Competent authorities
- amended Article 94 - Powers of competent authorities
- amended Article 95 - Cooperation between competent authorities
- amended Article 96 - Cooperation with EBA and ESMA
- amended Article 97 - Promotion of convergence on the classification of crypto-assets
- amended Article 100 - Professional secrecy
- amended Article 102 - Precautionary measures
- amended Article 103 - ESMA temporary intervention powers
- amended Article 104 - EBA temporary intervention powers
- amended Article 105 - Product intervention by competent authorities
- amended Article 106 - Coordination with ESMA or EBA
- amended Article 107 - Cooperation with third countries
- amended Article 108 - Complaints-handling by competent authorities
Title VII › Chapter 2
- inserted Article 110a - Accessibility of information on the European single access point
- amended Article 109 - Register of crypto-asset white papers, of issuers of asset-referenced tokens and e-money tokens, and of crypto-asset service providers
- amended Article 110 - Register of non-compliant entities providing crypto-asset services
Title VII › Chapter 3
- amended Article 111 - Administrative penalties and other administrative measures
- amended Article 112 - Exercise of supervisory powers and powers to impose penalties
- amended Article 113 - Right of appeal
- amended Article 114 - Publication of decisions
- amended Article 115 - Reporting of administrative penalties and other administrative measures to ESMA and EBA
Title VII › Chapter 4
- amended Article 117 - Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens
- amended Article 118 - EBA crypto-asset committee
- amended Article 119 - Colleges for issuers of significant asset-referenced tokens and significant e-money tokens
- amended Article 120 - Non-binding opinions of the colleges for issuers of significant asset-referenced tokens and significant e-money tokens
Title VII › Chapter 5
- amended Article 122 - Request for information
- amended Article 123 - General investigative powers
- amended Article 124 - On-site inspections
- amended Article 125 - Exchange of information
- amended Article 126 - Administrative agreements on the exchange of information between EBA and third countries
- amended Article 127 - Disclosure of information from third countries
- amended Article 130 - Supervisory measures by EBA
- amended Article 131 - Fines
- amended Article 132 - Periodic penalty payments
- amended Article 133 - Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
- amended Article 134 - Procedural rules for taking supervisory measures and imposing fines
- amended Article 135 - Hearing of the persons concerned
- amended Article 137 - Supervisory fees
- amended Article 138 - Delegation of tasks by EBA to competent authorities
Title VIII
Title IX
- amended Article 140 - Reports on the application of this Regulation
- amended Article 141 - ESMA annual report on market developments
- amended Article 142 - Report on latest developments in crypto-assets
- amended Article 143 - Transitional measures
- amended Article 146 - Amendment to Directive 2013/36/EU
- amended Article 147 - Amendment to Directive (EU) 2019/1937
- amended Article 148 - Transposition of amendments to Directives 2013/36/EU and (EU) 2019/1937
- amended Article 149 - Entry into force and application
Outside any heading
- amended Annex I - DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR CRYPTO-ASSETS OTHER THAN ASSET-REFERENCED TOKENS OR E-MONEY TOKENS
- amended Annex II - DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN ASSET-REFERENCED TOKEN
- amended Annex III - DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN E-MONEY TOKEN
- amended Annex IV - MINIMUM CAPITAL REQUIREMENTS FOR CRYPTO-ASSET SERVICE PROVIDERS
- amended Annex V - LIST OF INFRINGEMENTS REFERRED TO IN TITLES III AND VI FOR ISSUERS OF SIGNIFICANT ASSET-REFERENCED TOKENS
- amended Annex VI - LIST OF INFRINGEMENTS OF PROVISIONS REFERRED TO IN TITLE IV IN CONJUNCTION WITH TITLE III FOR ISSUERS OF SIGNIFICANT E-MONEY TOKENS