Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 50 Prohibition of granting interest
Summary What does Article 50 of the MiCA regulation say?
This article establishes a clear prohibition on interest for e-money tokens, applying it to both issuers of e-money tokens and crypto-asset service providers offering related services.
It explicitly overrides Article 12 of Directive 2009/110/EC, meaning this regulation takes precedence on this specific point.
The article also closes potential loopholes by defining "interest" broadly, ensuring that economically equivalent arrangements cannot be used to circumvent the prohibition.
Important points:
- Do not grant interest on e-money tokens, whether you are an issuer or a crypto-asset service provider offering related services.
- The prohibition on interest explicitly overrides Article 12 of Directive 2009/110/EC.
- The definition of interest is intentionally broad, capturing any remuneration, benefit, discount, or net compensation linked to the duration of holding an e-money token, including arrangements involving third parties or other products.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Notwithstanding Article 12 of Directive 2009/110/EC, issuers of e-money tokens shall not grant interest in relation to e-money tokens.
Crypto-asset service providers shall not grant interest when providing crypto-asset services related to e-money 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 an e-money token holds such e-money token shall be treated as interest. That includes net compensation or discounts, with an effect equivalent to that of interest received by the holder of the e-money token, directly from the issuer or from third parties, and directly associated to the e-money token or from the remuneration or pricing of other products.
Relevant recitals
Recital 68 No interest on e-money tokens
To reduce the risk that e-money tokens are used as store of value, issuers of e-money tokens and crypto-asset service providers when they provide crypto-asset services related to e-money tokens, should not grant interest to holders of e-money tokens, including interest not related to the length of time that such holders hold those 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
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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e-money token
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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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issuer
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exchange of crypto-assets for other crypto-assets
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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