Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 49 Issuance and redeemability of e-money tokens
Summary What does Article 49 of the MiCA regulation say?
This article establishes the specific issuance and redemption rules that apply to e-money tokens, explicitly displacing the equivalent provisions in Article 11 of Directive 2009/110/EC.
It is a self-contained framework governing the relationship between issuers and holders on these two core mechanics: how tokens are issued and how they are redeemed.
The rules are straightforward — issuance must be at par value upon receipt of funds, and redemption must also be at par value, in funds, at any time upon a holder's request, and free of charge.
Important points:
- Issue e-money tokens only at par value and upon receipt of funds, and make redemption conditions clearly visible in the crypto-asset white paper.
- Holders of e-money tokens have a direct claim against the issuer and can demand redemption at any time at par value.
- The redemption of e-money tokens must not be subject to a fee.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
By way of derogation from Article 11 of Directive 2009/110/EC, in respect of the issuance and redeemability of e-money tokens only the requirements set out in this Article shall apply to issuers of e-money tokens.
Holders of e-money tokens shall have a claim against the issuers of those e-money tokens.
Issuers of e-money tokens shall issue e-money tokens at par value and on the receipt of funds.
Upon request by a holder of an e-money token, the issuer of that e-money token shall redeem it, at any time and at par value, by paying in funds, other than electronic money, the monetary value of the e-money token held to the holder of the e-money token.
Issuers of e-money tokens shall prominently state the conditions for redemption in the crypto-asset white paper as referred to in Article 51(1), first subparagraph, point (d).
Without prejudice to Article 46, the redemption of e-money tokens shall not be subject to a fee.
Relevant recitals
Recital 67 EMT holders’ claim and par redemption
Holders of e-money tokens should be provided with a claim against the issuer of the e-money tokens. Holders of e-money tokens should always be granted a right of redemption at par value for funds denominated in the official currency that the e-money token is referencing. The provisions of Directive 2009/110/EC on the possibility of charging a fee in relation to redemption are not relevant in the context of e-money 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
official currency
Definition
distributed ledger
Definition
consensus mechanism
Definition
e-money token
Definition
electronic money
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crypto-asset
Definition
DLT network node
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funds
Definition
issuer
Definition
distributed ledger technology