Source: OJ L, 2025/300, 31.3.2025
Current language: EN
Article 2 Information to be exchanged in relation to asset-referenced tokens
Where necessary for the purpose of investigation, supervision and enforcement, competent authoritiesmeans one or more authorities: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; shall exchange the following information in relation to an asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;:
general information and documents received in the context of the application for authorisation as an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; pursuant to Commission Delegated Regulation establishing technical standards adopted pursuant to Article 18(6) of Regulation (EU) 2023/1114 or of the notification pursuant to Commission Delegated Regulation (EU) 2025/296(6)Commission Delegated Regulation (EU) 2025/296 of 31 October 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the procedure for the approval of a crypto-asset white paper (OJ L, 2025/296, 13.2.2025, ELI: http://data.europa.eu/eli/reg_del/2025/296/oj)., and where relevant supplemented thereafter in the framework of supervision, including:
names, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Implementing Regulation (EU) 2024/2984, 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 applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets; of the assets;
the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the assets;
the offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public; of the assets;
the persons seeking admission to trade the assets;
third-party entities referred to in Article 34(5), point (h), of Regulation (EU) 2023/1114;
all versions of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper referred to in Article 19 of Regulation (EU) 2023/1114, and information relating to any updates made to it pursuant to Article 25 of that Regulation;
all versions of the marketing communications referred to in Article 29 of Regulation (EU) 2023/1114;
the legal opinion referred to in Article 18(2), point (e), of Regulation (EU) 2023/1114;
the programme of operations referred to in Article 18(2), point (d), of Regulation (EU) 2023/1114;
information about the members of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;, including their names and positions within the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity;, information necessary to assess their good repute and suitability, in particular information about their relevant knowledge, skills, work experience and time committed to their duties within the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity;, and the information about their reputation referred to in Article 8(1), point (e) of Commission Delegated Regulation establishing technical standards adopted pursuant to Article 18(6) of Regulation (EU) 2023/1114;
where relevant, information on any changes to the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; as referred to in Article 33 of Regulation (EU) 2023/1114, and the competent authoritymeans one or more authorities: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;’s assessment hereof;
information about shareholders holding 20 % or more of the share capital or voting rights of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, including their identity, the amount of their holdings and the information about their reputation referred to in Article 2, point (a) of Commission Delegated Regulation (EU) 2025/413(7)Commission Delegated Regulation (EU) 2025/413 of 18 December 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the detailed content of information necessary to carry out the assessment of a proposed acquisition of a qualifying holding in an issuer of an asset-referenced token (OJ L, 2025/413, 31.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/413/oj).;
the competent authoritymeans one or more authorities: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;’s assessment of any proposed acquisitions or disposals of a qualified holding in an asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;, in accordance with Article 41 of Regulation (EU) 2023/1114;
information about the organisational structure, operational conditions and compliance with the requirements set out in Title III of Regulation (EU) 2023/1114 of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of the asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, including:
the governance arrangements and internal control mechanisms referred to in Article 34 of Regulation (EU) 2023/1114;
the compliance with own fund requirements, including on the outcome of stress testing programmes, in accordance with Article 35(1), (2) and (5) of Regulation (EU) 2023/1114;
where applicable, the compliance with additional own fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; requirements in accordance with Article 35(3) of Regulation (EU) 2023/1114;
the compliance with the requirements on the reserve of assetsmeans the basket of reserve assets securing the claim against the issuer; in accordance with Article 36 of Regulation (EU) 2023/1114;
the independent audit of the reserve of assetsmeans the basket of reserve assets securing the claim against the issuer;, including a summary of results, pursuant to Article 36(9) of Regulation (EU) 2023/1114;
all versions of the recovery plan produced pursuant to Article 46(2) of Regulation (EU) 2023/1114, and information relating to the implementation of or updates to the recovery plan pursuant to Article 46(3) of Regulation (EU) 2023/1114;
all versions of the redemption plan produced pursuant to Article 47(1) of Regulation (EU) 2023/1114, and information relating to any amendments made to it pursuant to Article 47(3) of Regulation (EU) 2023/1114;
information about the authorisation as an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, including where the authorisation was refused or the application for authorisation was retracted, and information about the withdrawal of an authorisation pursuant to Article 24 of Regulation (EU) 2023/1114;
the plan of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; to discontinue the provision of services and activities as approved pursuant to Article 34(7) of Regulation (EU) 2023/1114;
information on the loss by the third-party entity referred to in Article 34(5), point (h) of Regulation (EU) 2023/1114 of its authorisation as a credit institutionmeans a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 and authorised under Directive 2013/36/EU;, as a crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59;, as a payment institutionmeans a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366;, or as an electronic money institutionmeans an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC;;
information on any temporary suspensions by a competent authoritymeans one or more authorities: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; of the redemption of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and an identification of the circumstances that might affect the interests of the holders of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and financial stability pursuant to Article 46(4) of Regulation (EU) 2023/1114;
information on any infringements of the national provisions transposing Directive (EU) 2015/849 of the European Parliament and of the Council(8)Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73, ELI: http://data.europa.eu/eli/dir/2015/849/oj). by the members of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or by shareholders or members, whether direct or indirect, that have qualifying holdingsmeans any direct or indirect holding in an issuer of asset-referenced tokens or in a crypto-asset service provider which represents at least 10 % of the capital or of the voting rights, as set out in Articles 9 and 10 of Directive 2004/109/EC of the European Parliament and of the Council(32) Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38)., respectively, taking into account the conditions for the aggregation thereof laid down in Article 12(4) and (5) of that Directive, or which makes it possible to exercise a significant influence over the management of the issuer of asset-referenced tokens or the management of the crypto-asset service provider in which that holding subsists; in the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;;
information on any penalty issued pursuant to Regulation (EU) 2023/1114, including criminal penalties, administrative measures or enforcement actions, in relation to an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of an asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;;
any other information necessary for cooperation among competent authoritiesmeans one or more authorities: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; in investigation, supervision and enforcement activities pursuant to Article 95(1) of Regulation (EU) 2023/1114.
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