Source: OJ L 150, 9.6.2023, pp. 40–205

Current language: EN

Article 108 Complaints-handling by competent authorities


Summary What does Article 108 of the MiCA regulation say?

This article establishes the complaints infrastructure that sits alongside the supervisory framework.

It requires competent authorities to create formal procedures through which clients, consumer associations, and other interested parties can raise alleged infringements of the regulation against offerors, issuers, persons seeking admission to trading, or crypto-asset service providers.

The article then adds a transparency layer by requiring that information about these procedures be publicly accessible and linked through ESMA's crypto-asset register, which is governed by Article 109.

Important points:

  • Competent authorities are required to set up complaints procedures accepting submissions in writing, including electronically, in an official language of the relevant Member State.
  • Competent authorities must publish their complaints-handling procedures on their websites and communicate them to EBA and ESMA.
  • ESMA is required to publish hyperlinks to those procedures within its crypto-asset register under Article 109.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. Competent authorities shall set up procedures that allow clients and other interested parties, including consumer associations, to submit complaints to them with regard to alleged infringements of this Regulation by offerors, persons seeking admission to trading, issuers of asset-referenced tokens or e-money tokens, or crypto-asset service providers. Complaints shall be accepted in writing, including electronically, and in an official language of the Member State in which the complaint is submitted, or in a language accepted by the competent authorities of that Member State.

    1. Information on the complaints-handling procedures referred to in paragraph 1 of this Article shall be made available on the website of each competent authority and communicated to EBA and ESMA. ESMA shall publish hyperlinks to the sections of the websites of the competent authorities related to complaints-handling procedures in its crypto-asset register referred to in Article 109.

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