Art. 1 Information to be exchanged in relation to crypto-assets other than asset-referenced tokens or e-money tokens | RTS on competent authority information exchange | MiCA

This article establishes the information that competent authorities are required to exchange with one another when investigating, supervising, or enforcing rules relating to crypto-assets that are neither asset-referenced tokens nor e-money tokens.

It draws directly on the framework set out in Regulation (EU) 2023/1114 (MiCA) and operationalises the cooperation obligation referenced in Article 95(1) of that Regulation.

The information to be shared spans identification details of key parties involved in an offer or admission to trading, all versions of crypto-asset white papers and marketing communications, and any penalties or enforcement actions taken against those parties.

Important points:

Competent authorities are required to exchange identification and documentary information covering all relevant parties to an offer or admission to trading, including issuers, offerors, platform operators, and white paper authors.
Competent authorities are required to share all versions of crypto-asset white papers and marketing communications, including any updates, as well as information used to assess exemptions from public offer requirements.
Competent authorities are required to exchange information on any penalties, criminal or administrative, and any other information necessary for cross-border investigation, supervision, and enforcement cooperation.

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange the following information in relation to a crypto-asset other than an asset-referenced token or e-money token:

general information and documents received in the context of the notification of an intended offer to the public or admission to trading, and, where relevant supplemented thereafter in the framework of supervision, including:
1. name, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Commission Implementing Regulation (EU) 2024/2984(⁵), registered address and, where different, head office, contact details, relevant excerpts from national registers and, where applicable, articles of association and other instruments of constitution of the following persons, as applicable:
  the issuer of the assets;
  the offeror of the assets;
  the person seeking admission to trade the assets;
  the operator of the trading platform;
  any other person that has or should have drawn up the crypto-asset white paper referred to in Article 6 of Regulation (EU) 2023/1114;
2. all versions of the crypto-asset white paper drafted pursuant to Article 4(1) and Article 5(1) of Regulation (EU) 2023/1114, and information relating to any updates made to it pursuant to Article 12 of that Regulation;
3. all versions of the marketing communications referred to in Article 4(1) and Article 5(1) of Regulation (EU) 2023/1114, and information relating to any updates made to them pursuant to Article 12 of that Regulation;
4. all information on the offer to the public and admission to trading received pursuant to Article 8(6) of Regulation (EU) 2023/1114;
5. the explanation, as referred to in Article 8(4) of Regulation (EU) 2023/1114, of why the crypto-asset described in the crypto-asset white paper should not be considered to be a crypto-asset excluded from the scope of Regulation (EU) 2023/1114 pursuant to Article 2(4) of that Regulation, an e-money token, or an asset-referenced token;
6. the description of the offer to the public of a crypto-asset and any information used to assess the conditions for the exemptions contained in Article 4(2) and (3) of Regulation (EU) 2023/1114;
information on any penalty, including criminal penalties, administrative measures or enforcement actions, in relation to persons referred to in point (a)(i);
any other information necessary for cooperation among competent authorities in investigation, supervision and enforcement activities, pursuant to Article 95(1) of Regulation (EU) 2023/1114.