Source: OJ L 150, 9.6.2023, pp. 40–205
Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 71 Complaints-handling procedures
Crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of complaints received from clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; and shall publish descriptions of those procedures.
Clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; shall be able to file complaints free of charge with crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59;.
Crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall inform clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; of the possibility of filing a complaint. Crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall make available to clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; a template for filing complaints and shall keep a record of all complaints received and any measures taken in response thereto.
Crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall investigate all complaints in a timely and fair manner and communicate the outcome of such investigations to their clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; within a reasonable period.
ESMA, in close cooperation with EBA, shall develop draft regulatory technical standards to further specify the requirements, templates and procedures for handling complaints.
ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 30 June 2024.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
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