Article 16 Recording of transactions undertaken by branches

Where a crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; undertakes a transactionmeans the conclusion of an acquisition or disposal of crypto-assets other than the crypto-assets referred to in Article 2(3) and (4) of Regulation (EU) 2023/1114; wholly or partly through its branch, it shall include in its transactionmeans the conclusion of an acquisition or disposal of crypto-assets other than the crypto-assets referred to in Article 2(3) and (4) of Regulation (EU) 2023/1114; records, the ISO 3166 country code of such branch, in accordance with Fields 7, 16, 34, 42 or 44 of Table 3 in Section 3 of the Annex.

1. whether the branch received the order from a clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; or whether the branch made an investment decision for a clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; in accordance with a discretionary mandate given to it by the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;;

2. whether the branch has supervisory responsibility for the person taking the investment decision concerned;

3. whether the branch has supervisory responsibility for the person determining the conditions for execution of the transactionmeans the conclusion of an acquisition or disposal of crypto-assets other than the crypto-assets referred to in Article 2(3) and (4) of Regulation (EU) 2023/1114;;

4. whether the transactionmeans the conclusion of an acquisition or disposal of crypto-assets other than the crypto-assets referred to in Article 2(3) and (4) of Regulation (EU) 2023/1114; was fully or partially undertaken on a trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; located outside the Union using the branch’s membership of that trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;.