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

Current language: EN

Article 82 Providing transfer services for crypto-assets on behalf of clients


    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; providing transfer services for crypto-assets on behalf of clientsmeans providing services of transfer, on behalf of a natural or legal person, of crypto-assets from one distributed ledger address or account to another; shall conclude an agreement with their clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; to specify their duties and their responsibilities. Such agreement shall include at least the following:

      1. the identity of the parties to the agreement;

      2. a description of the modalities of the transfer service provided;

      3. a description of the security systems used by the crypto-asset service providermeans 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;;

      4. fees applied by the crypto-asset service providermeans 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;;

      5. the applicable law.

    1. ESMA, in close cooperation with EBA, shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 for 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; providing transfer services for crypto-assets on behalf of clientsmeans providing services of transfer, on behalf of a natural or legal person, of crypto-assets from one distributed ledger address or account to another; as regards procedures and policies, including the rights of clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, in the context of transfer services for 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;.

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