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Article 5 - Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds

Article 5
Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds

1. Crypto-asset service providers shall keep records enabling them to distinguish, at any time and without delay, crypto-assets and funds held for one client from crypto-assets and funds held for any other client and from their own assets.

2. Crypto-asset service providers shall maintain their records in a way that ensures that they may be used for auditing purposes as records.

3. Such records shall include the following:

((a))

records that readily identify the balances of crypto-assets and funds held for each client;

((b))

where clients’ funds are held by crypto-asset service providers in accordance with Article 70(2) and (3) of Regulation (EU) 2023/1114, details of the accounts in which those funds are held and the relevant agreements between the crypto-assets service provider with the credit institutions or central banks with which the clients’ funds are placed;

((c))

details of the accounts opened with third parties holding crypto-assets for the crypto-assets service provider and of the outsourcing agreements with those third parties;

((d))

details of third parties carrying out any tasks outsourced in accordance with Article 73 of Regulation (EU) 2023/1114 and details of the outsourced tasks;

((e))

names and functions of persons responsible for the safekeeping of clients’ crypto-assets and funds within the crypto-asset service provider;

((f))

agreements that establish client ownership over crypto-assets and funds.

Official text · the act as published Open full page ↗
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