Article 5 Information on the persons that will direct the business of the target entity

Summary What does Article 5 of the RTS on acquisition of qualified holding in ART issuer say?

This is a notably brief article that acts as a cross-reference provision.

It addresses a specific scenario within the qualifying holding notification process: where the proposed acquirer plans to appoint one or more members of the management body of the target entity.

In that case, the notification must also include the information required under a separate delegated regulation governing the fit and proper assessment of management body members under MiCA (Regulation (EU) 2023/1114).

Important points:

Where you intend to appoint management body members as part of your acquisition, include the additional information required under Article 7 of the relevant MiCA delegated regulation in your notification.
This article builds on the broader notification framework established across Articles 1 to 4 of this regulation, adding a supplementary requirement triggered by a specific circumstance.
The obligation applies to any proposed acquirer, whether a natural or legal person, who intends to make such appointments.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Where the proposed acquirer intends to appoint one or more members of the management body of the target entity, the notification shall contain all the information referred to in Article 7 of the Commission Delegated Regulation establishing regulatory technical standards adopted pursuant to Article 18(6) of Regulation (EU) 2023/1114.

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Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.