Source: OJ L, 2025/305, 31.3.2025Current language: EN
- Markets in crypto-assets
Crypto-asset service provider
- RTS on CASP authorisation
Article 8 Information relating to shareholders or members with qualifying holdings
Summary What does Article 8 of the RTS on CASP authorisation say?
This article sets out what applicants for crypto-asset service provider authorisation must disclose regarding their ownership and holding structure.
It connects directly to Article 62(2), point (h), of MiCA (Regulation (EU) 2023/1114), forming part of the broader package of information an applicant must submit.
The focus here is on transparency around qualifying holdings — that is, who holds at least 10% of the capital or voting rights, or who can otherwise exercise significant influence.
Applicants must map out their ownership structure in detail and cross-reference the disclosure requirements of Commission Delegated Regulation (EU) 2025/414, which governs assessments of proposed acquisitions of qualifying holdings in crypto-asset service providers.
Important points:
- Provide a detailed organigram of your holding structure, including the identity of all shareholders or members with qualifying holdings, the breakdown of capital and voting rights, and the specifics of shares held, their nominal value, and any encumbrances.
- For each qualifying holder, submit the information and documents required under Articles 1 to 4 of Commission Delegated Regulation (EU) 2025/414, as applicable.
- Disclose the identity of any management body members who will direct the business of the applicant and who are appointed by, or nominated by, a qualifying holder.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
For the purposes of Article 62(2), point (h), of Regulation (EU) 2023/1114, applicants shall provide to the competent authority all the following information:
a detailed organigram of the holding structure of the applicant, including the breakdown of its capital and voting rights and the names of the shareholders or members with qualifying holdings;
for each shareholder or member having a direct or indirect qualifying holding in the applicant, the information and documents set out in Articles 1 to 4 of Commission Delegated Regulation (EU) 2025/414(8) as applicable;
the identity of each member of the management body that will direct the business of the applicant and will be appointed by, or following a nomination from, such shareholder or member with qualifying holdings;
for each shareholder or member having a direct or indirect qualifying holding in the applicant, information on the number and type of shares or other holdings subscribed, their nominal value, any premium paid or to be paid, any security interests or encumbrances, including the identity of the secured parties;
information referred to in Article 6, points (b), (d) and (e), and Article 8 of Commission Delegated Regulation (EU) 2025/414.
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
Definition
official currency
Definition
qualifying holding
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
Definition
consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
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;
Definition
offer to the public
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
management body
Definition
crypto-asset service provider
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crypto-asset
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DLT network node
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funds
Definition
client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
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;
Footnote 8