Art. 6 Policies and procedures on conflicts of interest in the context of personal transactions | RTS on CASP conflicts of interest | MiCA

1. Conflict of interest policies and procedures shall ensure that transactions resulting in a position in or exposure to a 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; effected by or on behalf of a connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; are subject to close scrutiny and monitoring where at least one of the following criteria are met:
  1. the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; is acting outside the scope of the activities that the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; carries out in its professional capacity;
  2. the transaction is carried out for the account of any of the following persons:
    
    the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114;;
    
    any person with whom a connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; has a family relationship or close linksmeans close links as defined in Article 4(1), point (35), of Directive 2014/65/EU; as referred to in Article 3(1), point (31), of Regulation (EU) 2023/1114;
    
    a person from whom the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; can expect to obtain a direct or indirect material advantage linked to the outcome of the transaction, other than a fee or a commission for the execution of the transaction.
2. For the purposes of the first subparagraph, point (b)(ii), person with whom a connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; has a family relationship shall mean any of the following:
  1. the spouse of the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; or any partner of that person considered by national law as equivalent to a spouse;
  2. a dependent child or stepchild of the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114;;
  3. any other relative of the connected personmeans any of the persons referred to in Article 72(1), points (a)(i) to (a)(iv), of Regulation (EU) 2023/1114; who has shared the same household as that person for at least 1 year during the 5 years preceding the date of the personal transaction concerned.
1. In relation to the transactions referred to in paragraph 1, the policies and procedures shall ensure that:
  1. with respect to the decision to execute such transactions:
    
    such transactions are identified by or notified to the person responsible for the management of conflicts of interest before a decision on the execution of the transaction and its conditions is taken and that such transactions are documented;
    
    decisions to enter into such transactions are taken objectively, in the interest of each party;
    
    the conditions for the transaction are equivalent to the conditions that would have applied between independent parties for the same transactions in the absence of a conflict of interest.
  2. decision-making processes for entering into those transactions are set out and that thresholds, expressed as the volume of the transaction, above which such a transaction requires the approval by 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; are established;
  3. employees and 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; are aware of the rules applied on those transactions, and of the measures established by 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; in relation to them;
  4. 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; is informed promptly of any of those transactions;
  5. a record is kept of the transaction identified or notified to 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;, specifying the date and time of the transaction, the conditions, its volume, the counterparty and any authorisation or prohibition in connection with that transaction.