Art. 8 Information relating to shareholders or members with qualifying holdings | RTS on ART issuer authorisation | MiCA

This article sets out the ownership transparency requirements that applicant issuers of asset-referenced tokens must satisfy as part of their authorisation application.

Specifically, it focuses on establishing the good repute of those shareholders and members who hold qualifying stakes in the applicant issuer.

It builds directly on the broader authorisation application framework established in the preceding articles, and cross-references Delegated Regulation (EU) 2025/413 extensively to define what identity and reputation documentation must be submitted, with different requirements depending on whether the qualifying holder is a natural or legal person.

Important points:

Include a full ownership chart in the authorisation application, mapping all direct and indirect qualifying holdings, including the capital and voting rights breakdown.
The identity and reputation documentation required for each qualifying holder differs depending on whether they are a natural person or a legal person, with specific provisions of Delegated Regulation (EU) 2025/413 applying to each case.
Disclose details of management body members appointed by or nominated by qualifying holders, along with specific information on each direct qualifying holder's stake, including its type, nominal value, any premiums, and any security interests or encumbrances over it.

The application for authorisation shall contain information on the sufficiently good repute of shareholders and members with direct and indirect qualifying holdings in the applicant issuer, including all of the following:
1. a chart setting out the holding structure of the applicant issuer, including the breakdown of its capital and voting rights and the names of the shareholders or members with both direct and indirect qualifying holdings;
2. for each shareholder or member holding a direct or indirect qualifying holding in the applicant issuer, the information and documents on their identify and reputation set out in:
  Article 1(1), Article 2(1), points (a), (b), (c), and (e) and Article 2(2), points (a) and (b), of Delegated Regulation (EU) 2025/413, in case of natural persons; or
  Article 1(2), (3), (4) or (5), Article 3(1), points (a), (b), (c), (e), and (f) and, where applicable, Article 3(3) of Delegated Regulation (EU) 2025/413, in case of legal persons;
3. the identity of each member of the management body of the applicant issuer who has been or will be appointed by, or following a nomination from, such person with qualifying holdings, together with the information set out in Article 8(1) and (2), where that information has not already been provided;
4. for each shareholder or member holding a direct qualifying holding, the following information about its holding, whether shares or other holdings:
  number and type;
  nominal value;
  any premium paid or to be paid;
  any security interests or encumbrances created over such holding, including the identity of the secured parties;
5. the information referred to in Article 6, points (b), (d) and (e) of Delegated Regulation (EU) 2025/413;
6. the information referred to in Article 8 of Delegated Regulation (EU) 2025/413.
For the purposes of point (b), indirect qualifying holdings are identified in accordance with Article 4(1) and (2) of Delegated Regulation (EU) 2025/413.