Art. 3 Conflicts of interest potentially detrimental to clients | RTS on CASP conflicts of interest | MiCA

For the purposes of identifying the conflicts of interest that arise when providing crypto-asset servicesmeans any of the following services and activities relating to any crypto-asset: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; and that may damage the interests of clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, crypto-asset service providersmeans 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; shall take into account whether the 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; or any connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114;:

is likely to make a financial gain, avoid a financial loss, or receive another benefit, at the expense of the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;
has an interest in the outcome of a crypto-asset servicemeans any of the following services and activities relating to any crypto-asset: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; provided to the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; or of a transaction carried out on behalf of the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, which is distinct from the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;’s interest in that outcome;
has a financial or other incentive to favour the interest of one or more clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; over the interests of another clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;
carries out the same business as the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;
receives or will receive from a person other than the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; an inducement in relation to a service provided to the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, in the form of monetary or non-monetary benefits or services.