Art. 1 Handling of complaints and complaints management policy and function | RTS on issuer complaints handling | MiCA

1. Issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and, where applicable, third-party entities shall establish and maintain procedures for handling of complaints, where a complaint is:
  1. a statement of dissatisfaction addressed to them by a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;, relating to the issuance, the offer or seeking admission to trading of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; under Regulation (EU) 2023/1114;
  2. submitted by a ‘complainant’, which is a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and where that person, or any other interested party, purports to be eligible to submit a complaint to an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or a third-party entity that have been distributing, totally or partially, asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;.
1. Issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; shall establish and maintain complaints-handling procedures that include all of the following:
  1. a ‘complaints management policy’, which shall be:
    
    defined and endorsed by the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies;’ senior management, that shall also be responsible for the implementation of that policy and for monitoring compliance with it;
    
    set out in a written document available in electronic or paper format;
    
    made available to all relevant staff of the issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; through an adequate internal channel.
  2. a ‘complaints management function’, which shall:
    
    enable complaints to be investigated fairly;
    
    identify and mitigate possible conflicts of interest.