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

Current language: EN

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.

    1. Issuers of asset-referenced tokens shall not grant interest in relation to asset-referenced tokens.

    1. Crypto-asset service providers shall not grant interest when providing crypto-asset services related to asset-referenced tokens.

    1. 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.

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