Source: OJ L, 2025/419, 24.3.2025

Article 2 Timeframe

Summary What does Article 2 of the RTS on own funds adjustment timeframe say?

This article sets out the procedural framework that governs how issuers of asset-referenced tokens and e-money tokens — those identified in Article 1 — must adjust their own funds once classified as significant or otherwise directed to comply with higher capital requirements.

It establishes a structured, supervised process involving dialogue between the issuer and its competent authority, the submission of a formal adjustment plan, ongoing monitoring, and completion reporting.

The overall design reflects a supervised transition mechanism rather than an immediate compliance obligation.

Important points:

Competent authorities are required to notify issuers of the timeframe for own funds adjustment within 25 working days of the relevant classification or compliance notification, with the maximum adjustment period capped at 6 months.
Submit a detailed own funds adjustment plan to the competent authority within 25 working days of receiving the timeframe notification, including time-bound steps and confirmation that instruments used will meet the conditions of Article 35(2) of Regulation (EU) 2023/1114.
Inform the competent authority immediately and in writing if any step in the plan cannot be achieved on time, and submit an updated plan with alternative steps; notify the competent authority of final completion within 20 working days of achieving it.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

1. The competent authority of the home Member State shall notify the timeframe within which an issuer of asset-referenced tokens or e-money tokens referred to in Article 1 shall adjust its own funds, within 25 working days from the notification of a decision to classify an asset-referenced token or e-money token as significant, or from the notification to the issuer to comply with the requirement of Article 45(5) of Regulation (EU) 2023/1114. That timeframe shall be set after a dialogue with the relevant issuer.
1. The competent authority shall grant to the relevant issuer no more than 6 months after the notification referred to in paragraph 1 to adjust its own funds, having regard to the potential impact on the relevant issuer, its specificities and risks to the financial stability of the wider financial system.
1. Within 25 working days from receipt of the notification on the timeframe referred to in paragraph 1, the relevant issuer shall submit to the competent authority a detailed plan on how its own funds are to be adjusted to meet the requirement of Article 45(5) of Regulation (EU) 2023/1114.
2. The plan shall include time-bound steps and procedures to carry out the own funds’ adjustment within the set timeframe.
3. The plan shall ensure that the own funds items and instruments that will be used to comply with the increased and adjusted requirement fulfil all the conditions set out in Article 35(2) of Regulation (EU) 2023/1114.
1. The relevant issuer shall inform the competent authority immediately and in writing in case any step or procedure of the plan cannot be achieved in a timely manner. In such a case, the relevant issuer shall submit to the competent authority an update of the plan, including alternative steps or procedures that allow the issuer to adjust its own funds in the set timeframe.
1. The competent authority shall closely monitor the implementation of the plan.
1. The relevant issuer shall inform the competent authority of the completion of the steps provided in the plan, including a final notification to the competent authority when the required own funds adjustment has been completed, within 20 workings days from the completion.

Table of contents

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.

Relevant recitals