Source: OJ L, 2025/303, 20.2.2025

Current language: EN

Article 5 Segregation and safekeeping of clients’ crypto-assets and funds


    1. For the purposes of Article 60(7), point (d), of Regulation (EU) 2023/1114, the notifying entity that intends to hold crypto-assets belonging to clients or the means of access to such crypto-assets, or clientsfunds other than e-money tokens, shall provide to the competent authority a detailed description of its procedures for the segregation of clientscrypto-assets and funds, including the following:

      1. how the notifying entity ensures the following:

        1. clientsfunds are not used for its own account;

        2. crypto-assets belonging to the clients are not used for its own account;

        3. the wallets holding clientscrypto-assets are different from the notifying entity’s own wallets;

      2. a detailed description of the approval system for cryptographic keys and safeguarding of cryptographic keys including multi-signature wallets;

      3. how the notifying entity segregates clientscrypto-assets, including from other clientscrypto-assets where wallets containing crypto-assets of more than one client, are kept in omnibus accounts;

      4. a description of the procedure ensuring that clientsfunds other than e-money tokens are deposited with a central bank or a credit institution by the end of the business day following the day on which they were received and are held in an account separately identifiable from any accounts used to hold funds belonging to the notifying entity;

      5. where the notifying entity does not intend to deposit funds with the relevant central bank, which factors the notifying entity takes into account to select the credit institutions with which to deposit clientsfunds, including the notifying entity’s diversification policy, where available, and the frequency of review of the selection of credit institutions with which to deposit clientsfunds;

      6. how the notifying entity ensures that clients are informed in clear, concise and non-technical language about the key aspects of the notifying entity’s systems, policies and procedures to comply with Article 70(1), (2) and (3) of Regulation (EU) 2023/1114.

    1. In accordance with Article 70(5) of Regulation (EU) 2023/1114, crypto-asset service providers that are electronic money institutions or credit institutions shall only provide the information set out in paragraph 1 of this Article.

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