Source: OJ L, 2025/296, 13.2.2025Current language: EN
- Markets in crypto-assets
ART/EMT issuer
- RTS on crypto-asset white paper approval
Article 9 Approval of the crypto-asset white paper
Summary What does Article 9 of the RTS on crypto-asset white paper approval say?
This article brings the approval process to a close by setting out the final decision stage.
Building directly on the process established in Articles 7 and 8, it establishes the deadline by which the competent authority must issue its final decision on the crypto-asset white paper, and sets a clear condition on publication: the white paper cannot go live until that approval has been granted.
Important points:
- Competent authorities are required to issue a final decision within 10 working days, triggered either by receipt of a revised white paper or by the conclusion of the ECB/central bank opinion stage.
- Do not publish the crypto-asset white paper until formal approval has been received from the competent authority of the home Member State.
- The 10-working-day deadline applies in both scenarios: where changes to the white paper were requested and where no changes were requested.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The competent authority shall notify the credit institution of its final decision regarding the approval of the crypto-asset white paper within 10 working days from the receipt of the new crypto-asset white paper referred to in Article 8(3) or, where no changes to the crypto-asset white paper are requested, 10 working days from a positive opinion by the ECB or, where applicable, the relevant central bank as referred to in Article 17(5), first subparagraph, of Regulation (EU) 2023/1114, or following the expiration of the period of 20 working days laid down in Article 17(5), second subparagraph, of that Regulation without any opinion issued by the ECB or the relevant central bank.
The crypto-asset white paper shall not be published until the competent authority of the home Member State has approved it.
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
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electronic money institution
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
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credit institution
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consensus mechanism
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operation of a trading platform for crypto-assets
Definition
e-money token
Definition
home Member State
- where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens has its registered office in the Union, the Member State where that offeror or person has its registered office;
- where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens has no registered office in the Union but does have one or more branches in the Union, the Member State chosen by that offeror or person from among the Member States where it has branches;
- where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens is established in a third country and has no branch in the Union, either the Member State where the crypto-assets are intended to be offered to the public for the first time or, at the choice of the offeror or person seeking admission to trading, the Member State where the first application for admission to trading of those crypto-assets is made;
- in the case of an issuer of asset-referenced tokens, the Member State where the issuer of asset-referenced tokens has its registered office;
- in the case of an issuer of e-money tokens, the Member State where the issuer of e-money tokens is authorised as a credit institution under Directive 2013/36/EU or as an electronic money institution under Directive 2009/110/EC;
- in the case of crypto-asset service providers, the Member State where the crypto-asset service provider has its registered office;
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
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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electronic money
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
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asset-referenced token
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issuer
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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;