Source: OJ L 150, 9.6.2023, pp. 40–205
Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
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
Name;
Legal form;
Registered address and head office, where different;
Date of the registration;
Legal entity identifier or another identifier required pursuant to applicable national law;
A contact telephone number and an email address of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;, and the period of days within which an investor contacting the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; via that telephone number or email address will receive an answer;
Where applicable, the identity of the parent company;
Identity, business address and functions of persons that are members of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;;
Business or professional activity of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; and, where applicable, of its parent company;
Potential conflicts of interest;
Where the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the e-money token also issues other crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, or also has other activities related to crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, that should be clearly stated; the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; should also state whether there is any connection between the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; and the entity running the distributed ledger technologyor ‘DLT’ means a technology that enables the operation and use of distributed ledgers; used to issue the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, including if the protocols are run or controlled by a person closely connected to project participants;
The issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;’s financial condition over the past three years or, where the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; has not been established for the past three years, the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;’s financial condition record since the date of its registration.
The financial condition shall be assessed based on a fair review of the development and performance of the business of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; and of its position for each year and interim period for which historical financial information is required, including the causes of material changes.
The review shall be a balanced and comprehensive analysis of the development and performance of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;’s business and of its position, consistent with the size and complexity of the business;
Except for issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of e-money tokens who are exempted from authorisation in accordance with Article 48(4) and (5), details about the authorisation as an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of an e-money token and the name of the competent authoritymeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; which granted authorisation.
Part B: Information about the e-money token
Name and abbreviation;
A description of the characteristics of the e-money token, including the data necessary for classification of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper in the register referred to in Article 109, as specified in accordance with paragraph 8 of that Article;
Details of all natural or legal persons (including business addresses and/or domicile of the company) involved in the design and development, such as advisors, development team and crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59;.
Part C: Information about the offer to the public of the e-money token or its admission to trading
Indication as to whether the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper concerns an offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of the e-money token or its admission to trading;
Where applicable, the total number of units of the e-money token to be offered to the public or admitted to trading;
Where applicable, name of the trading platforms for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; where the admission to trading of the e-money token is sought;
The law applicable to the offer to the publicmeans a communication to persons in any form, and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered so as to enable prospective holders to decide whether to purchase those crypto-assets; of the e-money token, as well as the competent court.
Part D: Information on the rights and obligations attached to e-money tokens
A detailed description of the rights and obligations, if any, that the holder of the e-money token has, including the right of redemption at par value as well as the procedure and conditions for the exercise of those rights;
A description of the conditions under which the rights and obligations may be modified;
A description of the rights of the holders when the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; is not able to fulfil its obligations, including in insolvency;
A description of rights in the context of the implementation of the recovery plan;
A description of rights in the context of the implementation of the redemption plan;
The contact details for submitting complaints and description of the complaints-handling procedures and any dispute resolution mechanism or redress procedure established by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the e-money token;
Where applicable, a description of protection schemes protecting the value of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; and of compensation schemes;
The law applicable to the e-money token as well as the competent court.
Part E: Information on the underlying technology
Information on the technology used, including distributed ledger technologyor ‘DLT’ means a technology that enables the operation and use of distributed ledgers;, as well as the protocols and technical standards used, allowing for the holding, storing and transfer of e-money tokens;
Information about the technical requirements that the purchaser has to fulfil to gain control over the e-money token;
The consensus mechanismmeans the rules and procedures by which an agreement is reached, among DLT network nodes, that a transaction is validated;, where applicable;
Incentive mechanisms to secure transactions and any fees applicable;
Where the e-money token is issued, transferred and stored using distributed ledger technologyor ‘DLT’ means a technology that enables the operation and use of distributed ledgers; that is operated by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; or a third-party acting on its behalf, a detailed description of the functioning of such distributed ledger technologyor ‘DLT’ means a technology that enables the operation and use of distributed ledgers;;
Information on the audit outcome of the technology used, if such an audit was conducted.
Part F: Information on the risks
Description of the risks associated with the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the e-money token;
Description of the risks associated with the e-money token;
Description of the risks associated with the technology used as well as mitigation measures, if any.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.