Art. 3 Information to be exchanged in relation to e-money tokens | RTS on competent authority information exchange | MiCA

Article 3 mirrors the structure of the preceding articles in this regulation but focuses specifically on e-money tokens.

It sets out the categories of information that competent authorities are required to exchange with one another for the purposes of investigation, supervision, and enforcement.

The article covers the full supervisory lifecycle of an e-money token issuer, from initial notification documents and crypto-asset white papers through to ongoing operational compliance, enforcement actions, and any temporary suspensions of redemption.

Notably, the article draws on authorisation information from existing financial services frameworks, specifically those applicable to credit institutions and electronic money institutions, reflecting the dual regulatory context in which e-money token issuers typically operate.

Important points:

Competent authorities are required to exchange a broad range of information on e-money token issuers, spanning notification documents, white papers, marketing communications, and compliance with Title IV of Regulation (EU) 2023/1114.
Competent authorities are required to share information on any temporary suspensions of e-money token redemption where circumstances may affect token holders or financial stability.
Competent authorities are required to exchange information on any penalties, criminal sanctions, or enforcement actions taken against e-money token issuers.

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange the following information about e-money tokens:

information and documents received in the context of the notification by an issuer of e-money tokens pursuant to Article 48 of Regulation (EU) 2023/1114 and, where relevant, supplemented thereafter in the framework of supervision, including:
1. the name of the issuer, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Commission Implementing Regulation (EU) 2024/2984, its registered address and, where different, head office and its contact details, as referred to in Part A, points 1, 3, 5 and 4, of Annex III to Regulation (EU) 2023/1114;
2. all versions of the crypto-asset white paper referred to in Article 51 of Regulation (EU) 2023/1114;
3. all versions of the marketing communications referred to in Article 53 of Regulation (EU) 2023/1114;
4. information about the organisational structure, operational conditions and compliance with the requirements set out in Title IV of Regulation (EU) 2023/1114 of the issuer of the e-money token, and information provided as part of the authorisation process as credit institution pursuant to Directive 2013/36/EU of the European Parliament and of the Council(⁹) or as electronic money institution pursuant to Directive 2009/110/EC of the European Parliament and of the Council(¹⁰) and as updated in the framework of supervision, including:
  its compliance with the requirements on the investment of funds set out in Article 54 of Regulation (EU) 2023/1114;
  the recovery and redemption plans produced pursuant to Article 55 of Regulation (EU) 2023/1114 and information relating to any updates to them, as well as to any arrangements or measures of the recovery plan effectively implemented pursuant to that Article;
  information on the compliance with the requirements in Article 58(1) of Regulation (EU) 2023/1114, where a competent authority has required an electronic money institution issuing non-significant e-money tokens to comply with such requirements in accordance with Article 58(2) of that Regulation;
information on any temporary suspensions by a competent authority of the redemption of e-money tokens and an identification of the circumstances that might affect the interests of the holders of e-money tokens and financial stability, pursuant to Article 55 of Regulation (EU) 2023/1114;
information on any penalty issued pursuant to Regulation (EU) 2023/1114, including criminal penalties, administrative measures or enforcement actions, in relation to an issuer of e-money tokens;
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.