Art. 2 Provision of information to the holder of asset-referenced tokens and other interested parties | RTS on issuer complaints handling | MiCA

This article focuses on transparency and accessibility of the complaints-handling process.

Building on the procedural framework established in Article 1, it sets out what issuers of asset-referenced tokens must communicate to complainants, and how that information must be made publicly available.

The article covers two related obligations: providing specific written information to complainants upon request or when acknowledging a complaint, and proactively publishing complaints-handling information in an easily accessible format through various channels.

Important points:

Provide complainants with written information about the complaints procedure, covering admissibility conditions, how to file, handling timelines, available dispute resolution mechanisms, the fact that filing is free of charge, and the issuer's obligation to keep the complainant informed.
Publish an up-to-date description of the complaints-handling procedure and the complaint filing template in an easily accessible manner, including via brochures, pamphlets, contractual documents, or a website.
Both obligations apply to issuers of asset-referenced tokens, with the free-of-charge information requirement extending to third-party entities where applicable.

1. Issuers of asset-referenced tokens shall provide, on request or when acknowledging receipt of a complaint, clear, accurate and up-to-date written information about the complaints-handling procedure to the complainant. The information provided by the issuer shall include the following:
  1. the conditions for the admissibility of complaints as referred to in Article 5(1), point (a);
  2. details of the procedure to file a complaint, including the type of information to be provided by the complainant and the identity and contact details of the person or department to which the complaint is directed;
  3. the procedure that will be followed when handling a complaint including when the receipt of the complaint will be acknowledged, indicative handling timelines and the availability of a competent authority, an ombudsman or alternative dispute resolution mechanisms;
  4. information that complaints are filed and handled free of charge with the issuers or, where applicable, with the third-party entities;
  5. a mention of the issuer’s obligation to keep the complainant informed about the further handling of the complaint.
1. Issuers of asset-referenced tokens shall publish an up-to-date description of the complaints-handling procedure as well as the template for filing complaints set out in the Annex, in an easily accessible manner, including via brochures, pamphlets, contractual documents or via their website.