Art. 1 General information | RTS on CASP authorisation | MiCA

This opening article establishes the foundational identification and registration information that any applicant seeking authorisation as a crypto-asset service provider (CASP) must submit, as required under Article 62 of Regulation (EU) 2023/1114 (MiCA).

It essentially sets out the "who are you" layer of the authorisation application, covering everything from basic contact details and legal form to website domains and social media accounts.

Notably, the article also addresses applicants that are not legal persons, requiring them to demonstrate that their structure offers equivalent protections to those afforded by legal persons, both in terms of third-party rights and prudential supervision.

Important points:

Applicants seeking CASP authorisation must submit a comprehensive set of identification and registration details as part of their application under Article 62 of MiCA.
Where the applicant is not a legal person, provide documentation demonstrating equivalent protection of crypto-asset holders' rights and equivalent prudential supervision.
Where the applicant intends to operate a trading platform for crypto-assets, include the platform's physical address, contact details, and any commercial name.

Legal persons or other undertakings seeking authorisation as a crypto-asset service provider in accordance with Article 62 of Regulation (EU) 2023/1114 (‘applicants’) shall include in their application for authorisation all the following information:

the legal name, telephone number and email address of the applicant;
any commercial or trading name used or to be used by the applicant;
the legal entity identifier (LEI) of the applicant;
the full name, function, email address and telephone number of the designated contact point or person;
the legal form of the applicant as referred to in Article 62(2), point (b) of Regulation (EU) 2023/1114, including information on whether the applicant is a legal person or other undertaking, and, where available, national identification number of the applicant, and evidence of its registration with the national register of companies;
date and Member State of the applicant’s incorporation or foundation;
where applicable, the instruments of constitution, the articles of association as referred to in Article 62(2), point (c), of Regulation (EU) 2023/1114 and by-laws;
the address of the head office and, where different, of the registered office of the applicant;
information on where the branches will operate, if any, and their legal entity identifiers (LEI), where available;
the domain name of each website operated by the applicant and the social media accounts of that applicant;
where the applicant is not a legal person, documentation to assess whether:
1. the level of protection of third parties interests and the rights of the holders of crypto-assets, including in case of insolvency, is equivalent to protection afforded by legal persons;
2. the applicant is subject to equivalent prudential supervision appropriate to its legal form;
where the applicant intends to operate a trading platform for crypto-assets:
1. the physical address, telephone number and email address of the trading platform for crypto-assets;
2. any commercial name of the trading platform for crypto-assets.