Source: OJ L, 2025/419, 24.3.2025Current language: EN
- Markets in crypto-assets
ART/EMT issuer
- RTS on own funds adjustment timeframe
Article 1 Scope of application
Summary What does Article 1 of the RTS on own funds adjustment timeframe say?
This is the scope article of the Regulation, defining which entities it applies to.
It covers issuers of asset-referenced tokens and e-money tokens, drawing a distinction between those classified as significant and those that are not.
Notably, non-significant issuers are not automatically excluded — they can still fall within scope if directed to comply by a competent authority under Regulation (EU) 2023/1114, which provides the broader MiCA framework this Regulation sits within.
Important points:
- Issuers of significant asset-referenced tokens and electronic money institutions issuing significant e-money tokens are automatically in scope.
- Issuers of non-significant tokens are also in scope where a competent authority requires it under Regulation (EU) 2023/1114.
- The scope covers both asset-referenced tokens and e-money tokens, treating them as two distinct but parallel categories throughout.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
This Regulation applies to the following issuers of asset-referenced tokens or e-money tokens:
issuers of significant asset-reference tokens;
electronic money institutions issuing significant e-money tokens;
issuers of asset-reference tokens that are not significant, where required by the competent authority under Article 35(4) of Regulation (EU) 2023/1114;
electronic money institutions issuing e-money tokens that are not significant, where required by the competent authority under Article 58(2) of Regulation (EU) 2023/1114.
Relevant recitals
Recital 1 Scope of own funds adjustment requirement
The requirement set out in Articles 45(5) of Regulation (EU) 2023/1114 also applies to electronic money institutions issuing significant e-money tokens, in accordance with Article 58(1), point (b), of that Regulation, where required by the competent authority under Article 35(4) of that Regulation, to issuers of asset-reference tokens that are not significant, and, where required by the competent authority under Article 58(2) of that Regulation, to electronic money institutions issuing e-money tokens that are not significant.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
official currency
Definition
electronic money institution
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
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consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
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providing advice on crypto-assets
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offeror
Definition
execution of orders for crypto-assets on behalf of clients
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electronic money
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
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asset-referenced token
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issuer
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exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;