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

Current language: EN

Article 53 Marketing communications

Summary What does Article 53 of the MiCA regulation say?

This article sets out the rules governing marketing communications for e-money tokens, mirroring closely the equivalent rules for asset-referenced tokens found in Article 29.

It covers what issuers must include in their marketing materials, how those materials must be presented, and when they can be disseminated.

The overall thrust is to ensure that any promotional activity around e-money tokens is honest, traceable back to the white paper, and does not mislead prospective holders.

Important points:

  • Ensure all marketing communications for your e-money token are clearly identifiable as such, consistent with the published white paper, and contain a statement that holders have a right of redemption at par value at any time.
  • No marketing communications may be disseminated before the crypto-asset white paper has been published, though market soundings are permitted before that point.
  • Competent authorities cannot require prior approval of marketing communications, but issuers must notify them of such communications upon request.

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

    1. Marketing communications relating to an offer to the public of an e-money token, or to the admission to trading of such e-money token, shall comply with all the following requirements:

      1. the marketing communications are clearly identifiable as such;

      2. the information in the marketing communications is fair, clear and not misleading;

      3. the information in the marketing communications is consistent with the information in the crypto-asset white paper;

      4. the marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the issuer of the e-money token, as well as a telephone number and an email address to contact the issuer.

    1. Marketing communications shall contain a clear and unambiguous statement that the holders of the e-money token have a right of redemption against the issuer at any time and at par value.

    1. Marketing communications and any modifications thereto shall be published on the issuer’s website.

    1. Competent authorities shall not require prior approval of marketing communications before their publication.

    1. Marketing communications shall be notified to the competent authorities upon request.

    1. No marketing communications shall be disseminated prior to the publication of the crypto-asset white paper. Such restriction does not affect the ability of the issuer of the e-money token to conduct market soundings.

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