Article 12 Recording of orders and transactions executed via trading platforms or service providers to which Regulation (EU) 2023/1114 does not apply

This article addresses a specific scenario that extends the general record-keeping obligations established earlier in the regulation: where a crypto-asset service provider executes an order or transaction on behalf of a client through a venue or service provider that falls outside the scope of Regulation (EU) 2023/1114.

In such cases, the crypto-asset service provider cannot rely on that external party to maintain compliant records, so the article closes this potential gap by requiring the provider to record all details as though it had executed the order or transaction directly itself.

The applicable fields are those set out in the Annex to the regulation.

Important points:

• Where you execute orders or transactions through out-of-scope platforms or service providers, record all details as if you executed them yourself.
• This obligation sits with the crypto-asset service provider, ensuring no record-keeping gap arises from using external venues not covered by Regulation (EU) 2023/1114.
• The recording must follow the specific fields set out in Table 2 of Section 2 and Table 3 of Section 3 of the Annex, where applicable.