Art. 6 Decisions | RTS on CASP complaints handling | MiCA

This article governs how crypto-asset service providers must communicate their final decision on a complaint to the complainant.

It builds on the earlier procedural steps covered in Articles 4 and 5 — covering receipt and investigation — by addressing the conclusion of the complaints-handling process.

The article sets out standards for the content, timing, and transparency of that decision, including how providers must handle delays and situations where the complainant is not fully satisfied with the outcome.

Important points:

Ensure your complaint decisions address every point raised, are reasoned, and remain consistent with decisions on similar complaints unless a justified departure can be demonstrated.
Communicate your decision within 2 months of receiving the complaint; if this cannot be met in exceptional situations, notify the complainant of the delay and provide a revised decision date.
Where a decision does not fully satisfy the complainant, clearly set out the reasoning and include information on available remedies.

1. In its decision on a complaint, the crypto-asset service provider shall address all points raised in the complaint and shall state the reasons for the outcome of the investigation. That decision shall be consistent with any previous decision taken by the crypto-asset service provider in respect of similar complaints, unless the crypto-asset service provider is able to justify why a different conclusion is drawn.
1. Crypto-asset service providers shall communicate their decision on a complaint to the complainant without undue delay as soon as possible within the timeframe referred to in Article 1(2), point (e), and in any case within 2 months from the date the crypto-asset service provider has received the complaint.
1. Where, in exceptional situations, the decision on a complaint cannot be provided within the timeframe referred to in of Article 1(2), point (e) or within the 2 months of the date the complaint is received, crypto-asset service providers shall inform the complainant without undue delay about the reasons for that delay and specify the date of the decision.
1. Where the decision of the crypto-asset service provider does not satisfy the complainant’s demand or only partly satisfies it, the crypto-asset service provider shall clearly set out the reasoning of its decision and contain information on available remedies.