Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 40 Prohibition of granting interest
Summary What does Article 40 of the MiCA regulation say?
This article establishes a clear prohibition on the payment of interest in connection with asset-referenced tokens, applying the ban to both issuers of those tokens and crypto-asset service providers when offering related services.
Notably, the article goes further than a simple ban by defining "interest" broadly, ensuring that the prohibition cannot be circumvented through creative structuring.
A mirror provision exists for e-money tokens in Article 50, reflecting a consistent policy approach across stablecoin categories within the regulation.
Important points:
- Do not grant any form of interest on asset-referenced tokens, whether you are an issuer or a crypto-asset service provider offering related services.
- The definition of interest is broad: any remuneration, benefit, discount, or compensation linked to the duration of holding asset-referenced tokens — whether paid directly or via third parties — is treated as interest and is therefore prohibited.
- Crypto-asset service providers are required to observe this prohibition specifically when providing services related to asset-referenced tokens, not crypto-asset services generally.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Issuers of asset-referenced tokens shall not grant interest in relation to asset-referenced tokens.
Crypto-asset service providers shall not grant interest when providing crypto-asset services related to asset-referenced tokens.
For the purposes of paragraphs 1 and 2, any remuneration or any other benefit related to the length of time during which a holder of asset-referenced tokens holds such asset-referenced tokens shall be treated as interest. That includes net compensation or discounts, with an effect equivalent to that of interest received by the holder of asset-referenced tokens, directly from the issuer or from third parties, and directly associated to the asset-referenced tokens or from the remuneration or pricing of other products.
Relevant recitals
Recital 58 No interest on asset-referenced tokens
To reduce the risk that asset-referenced tokens are used as a store of value, issuers of asset-referenced tokens and crypto-asset service providers, when providing crypto-asset services related to asset-referenced tokens, should not grant interest to holders of asset-referenced tokens related to the length of time during which such holders are holding those asset-referenced tokens.
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.
Definition
placing of crypto-assets
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official currency
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distributed ledger
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reception and transmission of orders for crypto-assets on behalf of clients
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exchange of crypto-assets for funds
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consensus mechanism
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operation of a trading platform for crypto-assets
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crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
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asset-referenced token
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issuer
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exchange of crypto-assets for other crypto-assets
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electronic money token
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providing custody and administration of crypto-assets on behalf of clients
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providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology