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

Current language: EN

Article 79 Placing of crypto-assets


    1. 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; placing crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; shall communicate the following information to the offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public;, to the person seeking admission to trading, or to any third party acting on their behalf, before entering into an agreement with them:

      1. the type of placement under consideration, including whether a minimum amount of purchase is guaranteed or not;

      2. an indication of the amount of transaction fees associated with the proposed placing;

      3. the likely timing, process and price for the proposed operation;

      4. information about the targeted purchasers.

    2. 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; placing crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; shall, before placing those crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, obtain the agreement of the issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of those crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; or any third party acting on their behalf as regards the information listed in the first subparagraph.

    1. 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;’ rules on conflicts of interest referred to in Article 72(1) shall have specific and adequate procedures in place to identify, prevent, manage and disclose any conflicts of interest arising from the following situations:

      1. 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; place the crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; with their own clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;

      2. the proposed price for placing of crypto-assetsmeans the marketing, on behalf of or for the account of the offeror or a party related to the offeror, of crypto-assets to purchasers; has been overestimated or underestimated;

      3. incentives, including non-monetary incentives, are paid or granted by the offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public; to 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;.

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