Art. 11 Complaints-handling procedures | RTS on CASP authorisation | MiCA

This article sets out what applicants seeking authorisation as a crypto-asset service provider must provide to the competent authority regarding their complaints-handling procedures.

It feeds directly into the broader authorisation requirements under Article 62(2) of Regulation (EU) 2023/1114, and requires applicants to demonstrate that they have a fully operational and documented complaints framework in place before authorisation is granted.

The article covers the full lifecycle of complaint management, from the resources and personnel dedicated to handling complaints, to how clients are informed of their right to complain free of charge, through to the timelines for investigation and communication of decisions.

Important points:

Provide a detailed description of your complaints-handling procedures to the competent authority as part of the authorisation application, covering resources, timelines, record-keeping, and client communication.
Identify the person in charge of complaints management and submit their curriculum vitae evidencing the knowledge, skills, and experience required for that role.
Clients and potential clients must be informed of the possibility to file a complaint free of charge, the available remedies, and the outcome of any complaint decision.

For the purposes of Article 62(2), point (l), of Regulation (EU) 2023/1114, applicants shall provide to the competent authority a detailed description of their complaints-handling procedures, including all the following:

information on the human and technical resources allocated to complaints handling;
information on the person in charge of the resources dedicated to the management of complaints, together with a curriculum vitae stating relevant education, professional training and professional experience justifying the knowledge, skills, and experience for the discharge of the responsibilities allocated to that person;
how the applicant ensures compliance with Commission Delegated Regulation establishing technical standards adopted pursuant to Article 71(5) of Regulation (EU) 2023/1114;
how the applicant will inform clients or potential clients of the possibility to file a complaint free of charge, where that information is available on the applicant’s website, or on any other relevant digital device that may be used by clients to access the crypto-asset services and the content of the information provided;
the applicant’s record-keeping arrangements in relation to complaints;
the timeline provided in the complaints-handling procedures of the applicant to investigate, respond and, where appropriate, take measures in response to complaints received;
how the applicant will inform clients or potential clients of the available remedies;
the procedural key steps of the applicant in deciding on a complaint and how the applicant will communicate that decision to the client or potential client that filed the complaint.