Art. 31 Complaints-handling procedures | MiCA regulation | MiCA

This article sets out the complaints-handling obligations for issuers of asset-referenced tokens.

It requires issuers to have transparent procedures in place for dealing with complaints from token holders and other interested parties, including consumer associations.

Notably, where third-party entities are involved in distributing the tokens, issuers must also establish procedures to facilitate complaints between holders and those third parties.

The article connects directly to the broader governance framework for issuers under Title III, sitting alongside other conduct and organisational requirements.

EBA, in cooperation with ESMA, is mandated to develop regulatory technical standards to further specify the requirements, templates and procedures.

Important points:

Establish and publish effective complaints-handling procedures, including a complaint template, and keep a record of all complaints received and actions taken in response.
Complaints must be free of charge for token holders, and issuers are required to investigate all complaints and communicate outcomes within a reasonable period.
EBA, in close cooperation with ESMA, is required to develop regulatory technical standards on complaints requirements, templates and procedures, with submission to the Commission due by 30 June 2024.

1. Issuers of asset-referenced tokens shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of complaints received from holders of asset-referenced tokens and other interested parties, including consumer associations that represent holders of asset-referenced tokens, and shall publish descriptions of those procedures. Where the asset-referenced tokens are distributed, totally or partially, by third-party entities as referred to in Article 34(5), first subparagraph, point (h), issuers of the asset-referenced tokens shall establish procedures to also facilitate the handling of such complaints between holders of the asset-referenced tokens and such third-party entities.
1. Holders of asset-referenced tokens shall be able to file complaints free of charge with the issuers of their asset-referenced tokens or, where applicable, with the third-party entities as referred to in paragraph 1.
1. Issuers of asset-referenced tokens and, where applicable, the third-party entities as referred to in paragraph 1, shall develop and make available to holders of asset-referenced tokens a template for filing complaints and shall keep a record of all complaints received and any measures taken in response thereto.
1. Issuers of asset-referenced tokens shall investigate all complaints in a timely and fair manner and communicate the outcome of such investigations to the holders of their asset-referenced tokens within a reasonable period.
1. EBA, in close cooperation with ESMA, shall develop draft regulatory technical standards to further specify the requirements, templates and procedures for handling complaints.
2. EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 30 June 2024.
3. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

Article 31 Complaints-handling procedures

Relevant recitals