Art. 16 Recording of transactions undertaken by branches | RTS on record keeping | MiCA

1. Where a crypto-asset service provider undertakes a transaction wholly or partly through its branch, it shall include in its transaction 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. The crypto-asset service provider shall include in the transaction records the following information:
  1. whether the branch received the order from a client or whether the branch made an investment decision for a client in accordance with a discretionary mandate given to it by the client;
  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 transaction;
  4. whether the transaction was fully or partially undertaken on a trading platform for crypto-assets located outside the Union using the branch’s membership of that trading platform for crypto-assets.

To ensure efficient and effective market monitoring by competent authorities, transaction records should reflect whether the transaction was executed wholly or partly through a branch of the crypto-asset service provider located in another Member State or in a third country. The inclusion of data detailing the activity of each branch in the records kept by the crypto-asset service providers, should not lead to a disproportionate administrative burden for the crypto-asset service provider, but would enable competent authorities to supervise the services provided by crypto-asset service providers more efficiently and to enhance the visibility on how those services are provided within the different Member States.

Article 16 Recording of transactions undertaken by branches

Relevant recitals