Article 47 Redemption plan

Summary What does Article 47 of the MiCA regulation say?

This article sits alongside Article 46, which deals with recovery planning, but addresses a distinct and more terminal scenario: the orderly wind-down and redemption of an asset-referenced token when an issuer is unable, or likely to be unable, to meet its obligations.

It requires issuers to prepare and maintain a dedicated redemption plan designed to protect token holders and preserve market stability in a failure scenario.

The article sets out what the plan must contain, the timeline for submitting it to the competent authority, and the roles of the resolution authority and EBA in the overall process.

Important points:

Draw up and maintain a redemption plan for each asset-referenced token you issue, covering contractual arrangements, procedures, equitable treatment of holders, and continuity of critical activities.
Submit the redemption plan to the competent authority within six months of receiving authorisation or white paper approval, and implement any amendments required by the competent authority within 40 working days of being notified of those amendments.
Competent authorities are required to share the redemption plan with the resolution authority and prudential supervisor, and the resolution authority may make recommendations if the plan could adversely affect the issuer's resolvability.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

1. An issuer of an asset-referenced token shall draw up and maintain an operational plan to support the orderly redemption of each asset-referenced token, which is to be implemented upon a decision by the competent authority that the issuer is unable or likely to be unable to fulfil its obligations, including in the case of insolvency or, where applicable, resolution or in the case of withdrawal of authorisation of the issuer, without prejudice to the commencement of a crisis prevention measure or crisis management measure as defined in Article 2(1), points (101) and (102), respectively, of Directive 2014/59/EU or a resolution action as defined in Article 2, point (11), of Regulation (EU) 2021/23 of the European Parliament and of the Council(⁴⁴).
1. The redemption plan shall demonstrate the ability of the issuer of the asset-referenced token to carry out the redemption of the outstanding asset-referenced token issued without causing undue economic harm to its holders or to the stability of the markets of the reserve assets.
2. The redemption plan shall include contractual arrangements, procedures and systems, including the designation of a temporary administrator in accordance with applicable law, to ensure the equitable treatment of all holders of asset-referenced tokens and to ensure that holders of asset-referenced tokens are paid in a timely manner with the proceeds from the sale of the remaining reserve assets.
3. The redemption plan shall ensure the continuity of any critical activities that are necessary for the orderly redemption and that are performed by issuers or by any third-party entity.
1. The issuer of the asset-referenced token shall notify the redemption plan to the competent authority within six months of the date of authorisation pursuant to Article 21 or within six months of the date of approval of the crypto-asset white paper pursuant to Article 17. The competent authority shall require amendments to the redemption plan where necessary to ensure its proper implementation and shall notify its decision requesting those amendments to the issuer within 40 working days of the date of notification of that plan. That decision shall be implemented by the issuer within 40 working days of the date of notification of that decision. The issuer shall regularly review and update the redemption plan.
1. Where applicable, the competent authority shall notify the redemption plan to the resolution authority and prudential supervisory authority of the issuer.
2. The resolution authority may examine the redemption plan with a view to identifying any actions in the redemption plan that might adversely impact the resolvability of the issuer, and may make recommendations to the competent authority in respect thereof.
1. EBA shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 to specify:
  1. the content of the redemption plan and the periodicity for review, taking into account the size, complexity and nature of the asset-referenced token and the business model of its issuer; and
  2. the triggers for implementation of the redemption plan.

Table of contents

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.

Relevant recitals