Art. 29 Marketing communications | MiCA regulation | MiCA

1. Any marketing communications relating to 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 an 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 to the admission to trading of such 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;, shall comply with all of the following requirements:
  1. the marketing communications are clearly identifiable as such;
  2. the information in the marketing communications is fair, clear and not misleading;
  3. the information in the marketing communications is consistent with the information in 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;
  4. the marketing communications clearly state that a 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 has been published and clearly indicate the address of the website of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the 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;, as well as a telephone number and an email address to contact the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;.
1. Marketing communications shall contain a clear and unambiguous statement that the holders of the 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; have a right of redemption against the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; at any time.
1. Marketing communications and any modifications thereto shall be published on the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;’s website.
1. Competent authoritiesmeans 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; shall not require prior approval of marketing communications before their publication.
1. Marketing communications shall be notified to competent authoritiesmeans 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; upon request.
1. No marketing communications shall be disseminated prior to the publication 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. Such restriction does not affect the ability of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the 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; to conduct market soundings.