Art. 6 Liquidity management, reserve of assets and redemption rights | RTS on ART issuer authorisation | MiCA

This article sets out what applicant issuers of asset-referenced tokens must include in their authorisation application specifically regarding the management of the reserve of assets and liquidity.

It builds directly on the broader authorisation requirements of Regulation (EU) 2023/1114, translating those high-level obligations into concrete documentation requirements.

The article covers the full lifecycle of the reserve: how it is constituted and managed, how it is invested and held in custody, who audits it, and what contractual arrangements govern third-party involvement.

It also addresses contingency, requiring applicants to submit both a recovery plan and a redemption plan, and to set out policies protecting token holders' redemption rights.

Important points:

Include a comprehensive framework covering the constitution, composition, management, segregation, custody, and investment of the reserve of assets, supported by relevant policies aligned with Regulation (EU) 2023/1114.
Where third parties are involved in operating, investing, or holding the reserve, provide full details of contractual arrangements, including roles, obligations, and measures ensuring legal and operational separation of reserve assets from the third party's own assets.
Submit a policy protecting token holders' redemption rights, an outline of a recovery plan, and a full redemption plan as part of the application.

1. The application for authorisation shall contain the following information ensuring compliance with the requirements on liquidity management and on the reserve of assets:
  1. the comprehensive and detailed framework illustrating the constitution, composition, management, and segregation of the reserve of assets, in accordance with Commission Delegated Regulation establishing technical standards adopted pursuant to Article 36(4) of Regulation (EU) 2023/1114;
  2. the clear and detailed policy describing the stabilisation mechanism of the asset-referenced token for which the authorisation is sought, in accordance with Article 36(8) of Regulation (EU) 2023/1114;
  3. the name of the external consultant that will be in charge of the independent audit on the reserve of assets every six months in accordance with Article 36(9) of Regulation (EU) 2023/1114;
  4. the detailed policy and procedures on the custody of the reserve of assets, including the selected custody modality, ensuring compliance with Article 37 of Regulation (EU) 2023/1114;
  5. the clear and detailed investment policy of the reserve of assets in accordance with Commission Delegated Regulation establishing technical standards adopted pursuant to Article 38(5) of Regulation (EU) 2023/1114;
  6. the details of the contractual arrangements entered into with third parties for the operation, the investment and the custody of the reserve of assets, in accordance with the policies referred to in points (d) and (e).
2. For the purposes of point (a), where the applicant issuer applies for voluntary classification of the asset-referenced token as significant asset-referenced token, the framework shall contain the liquidity management policy and procedures. The framework shall also illustrate the reporting lines to the management body and how the management body’s responsibility for the prudent management of the reserve of assets will be ensured.
3. For the purposes of point (f), the detailed description shall indicate the name and contact details of the third-party service providers, and illustrate the roles, responsibilities, rights and obligations of both the issuer of an asset-referenced tokens and the third-party service providers in going concern and in case of the implementation of the redemption plan including the law applicable to the contract. Where such services are considered critical activities for the orderly redemption in accordance with Article 47(2), second subparagraph, of Regulation (EU) 2023/1114, the description shall also indicate that the contract cannot be terminated, but will be operational in case of implementation of the redemption plan in accordance with Article 47(1) of that Regulation. The description of the contractual arrangements shall also include the information referred to in Article 5(2) of this Regulation, as applicable.
4. The description of the contractual arrangements with third party service providers for the custody of the reserve of assets shall include the measures taken by the third-party service provider to ensure legal and operational separation from its own assets.
1. The application for authorisation shall also contain the following:
  1. a clear and detailed policy and procedures ensuring the respect of the rights of redemption granted to the holders of the asset-referenced token in accordance with Article 39 of Regulation (EU) 2023/1114;
  2. an outline of the recovery plan to be developed in accordance with Article 46 of Regulation (EU) 2023/1114;
  3. the redemption plan to be submitted in accordance with Article 47 of Regulation (EU) 2023/1114.