Source: OJ L, 2025/414, 31.3.2025Current language: EN
- Markets in crypto-assets
Crypto-asset service provider
- RTS on acquisition of qualified holding in CASP
Article 7 Information on the new proposed group structure and its impact on supervision
Summary What does Article 7 of the RTS on acquisition of qualified holding in CASP say?
Article 7 applies specifically to proposed acquirers that are legal persons and requires them to submit two distinct analyses to the competent authority of the target entity.
The first concerns how the target entity would fit into the group's consolidated supervision structure post-acquisition, and the second addresses whether the acquisition could hinder the target entity's ability to report accurately and on time to its regulator.
This article connects closely to the broader notification requirements set out in Article 3, adding a supervisory transparency dimension that is particularly relevant where the acquisition creates or extends a group structure.
Important points:
- Legal person proposed acquirers must provide an analysis showing which group entities would fall under consolidated supervision after the acquisition, and at what levels (full or sub-consolidated).
- Provide a separate analysis of how the acquisition may affect the target entity's ability to supply timely and accurate information to its competent authority.
- Close links between the proposed acquirer and the target entity must be factored into that second analysis.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The proposed acquirer that is a legal person shall provide to the competent authority of the target entity an analysis of the scope of consolidated supervision of the group which the target entity would belong to after the proposed acquisition. That analysis shall include information about which group entities would be included in the scope of consolidated supervision requirements after the proposed acquisition and at which levels within the group those requirements would apply on a full or sub-consolidated basis.
The proposed acquirer shall also provide to the competent authority of the target entity an analysis of the impact of the proposed acquisition on the ability of the target entity to continue to provide timely and accurate information to its competent authority, including as a result of close links of the proposed acquirer with the target entity.
Relevant recitals
Recital 19 Impact on effective and consolidated supervision
To enable an assessment as to whether the proposed acquisition will impact the ability of the competent authority of the target entity to carry out effective supervision of that target entity, the proposed acquirer should submit specific information. For legal persons, the competent authority of the target entity should assess the impact of the proposed acquisition on the consolidated supervision of the target entity and of the group that entity would belong to after the acquisition.
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.
Definition
placing of crypto-assets
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official currency
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distributed ledger
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reception and transmission of orders for crypto-assets on behalf of clients
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exchange of crypto-assets for funds
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consensus mechanism
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operation of a trading platform for crypto-assets
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e-money token
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close links
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crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
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offer to the public
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
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asset-referenced token
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issuer
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exchange of crypto-assets for other crypto-assets
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electronic money token
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providing custody and administration of crypto-assets on behalf of clients
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providing transfer services for crypto-assets on behalf of clients
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distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;