Art. 8 Additional requirements in relation to placing | RTS on CASP conflicts of interest | MiCA

1. For the purposes of identifying the types of conflict of interest that arise where 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; provides placing 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, without prejudice to Article 79(2) of Regulation (EU) 2023/1114, the following situations:
  1. 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 also offering pricing services in relation to the offer of crypto-assetsmeans 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;;
  2. 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 also providing execution of orders for crypto-assets on behalf of clientsmeans the conclusion of agreements, on behalf of clients, to purchase or sell one or more crypto-assets or the subscription on behalf of clients for one or more crypto-assets, and includes the conclusion of contracts to sell crypto-assets at the moment of their offer to the public or admission to trading; and research services;
  3. 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 placing crypto-assetsmeans 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; of which itself or an entity from its groupmeans a group as defined in Article 2, point (11), of Directive 2013/34/EU of the European Parliament and of the Council(5) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19, ELI: http://data.europa.eu/eli/dir/2013/34/oj).. is the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets;.
1. 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 establish, implement and maintain internal arrangements to ensure all of the following:
  1. that the pricing of the offer does not promote the interests of other clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; of 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 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;’s own interests, in a way that may conflict with the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;’s interests;
  2. that the pricing of the offer does not promote the interests of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;’s, 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;’s own interests or the interests 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;, in a way that may conflict with other clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;’ interests;
  3. the prevention of a situation where persons responsible for providing services 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;’s investment clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, or deciding which products should be included in the list of products offered or recommended 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;, are directly involved in decisions about pricing to the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;
  4. the prevention of a situation where persons responsible for providing services 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;’s investment clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; are directly involved in decisions about recommendations to the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; on allocation;
  5. the prevention of the exercise of staking rights without prior consent of the investment clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;.
1. 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 have in place a centralised procedure to identify all their placing operations, including the date on which 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; was informed of potential placing operations.