Article 122 Request for information

1. an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant asset-referenced tokenmeans 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 currencies; or a person controlling or being directly or indirectly controlled by an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant asset-referenced tokenmeans 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 currencies;;

2. a third party as referred to in Article 34(5), first subparagraph, point (h), with which an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant asset-referenced tokenmeans 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 currencies; has a contractual arrangement;

3. a crypto-asset service providermeans 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;, credit institutionmeans a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 and authorised under Directive 2013/36/EU; or investment firmmeans an investment firm as defined in Article 4(1), point (2), of Regulation (EU) No 575/2013 and authorised under Directive 2014/65/EU; ensuring the custody of the reserve assets in accordance with Article 37;

4. an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant e-money token or a person controlling or being directly or indirectly controlled by an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant e-money token;

5. a payment service providermeans a payment service provider as defined in Article 4, point (11), of Directive (EU) 2015/2366; that provides payment servicesmeans payment services as defined in Article 4, point (3), of Directive (EU) 2015/2366; in relation to significant e-money tokens;

6. a natural or legal person in charge of distributing significant e-money tokens on behalf of an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant e-money tokens;

7. a crypto-asset service providermeans 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; providing custody and administration of crypto-assets on behalf of clientsmeans the safekeeping or controlling, on behalf of clients, of crypto-assets or of the means of access to such crypto-assets, where applicable in the form of private cryptographic keys; in relation to significant asset-referenced tokensmeans 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 currencies; or significant e-money tokens;

8. an operator of a trading platform 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; that has admitted to trading a significant asset-referenced tokenmeans 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 currencies; or a significant e-money token;

9. 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 persons referred to in points (a) to (h).

1. refer to this Article as the legal basis of that request;

2. state the purpose of the request;

3. specify the information required;

4. include a time limit within which the information is to be provided;

5. inform the person from whom the information is requested that it is not obliged to provide the information but that, in the case of a voluntary reply to the request, the information provided is required to be correct and not misleading; and

6. indicate the fine provided for in Article 131, where the answers to questions asked are incorrect or misleading.

1. refer to this Article as the legal basis of that request;

2. state the purpose of the request;

3. specify the information required;

4. set a time limit within which the information is to be provided;

5. indicate the periodic penalty payments provided for in Article 132 where the production of information is required;

6. indicate the fine provided for in Article 131, where the answers to questions asked are incorrect or misleading;

7. indicate the right to appeal the decision before EBA’s Board of Appeal and to have the decision reviewed by the Court of Justice in accordance with Articles 60 and 61 of Regulation (EU) No 1093/2010.

The persons referred to in paragraph 1 or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law, shall provide the information requested.

EBA shall without delay send a copy of the simple request or of its decision to 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; of the Member State where the persons concerned by the request for information are domiciled or established.