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

This article addresses a specific scenario within the broader record-keeping framework established by the regulation: where a crypto-asset service provider conducts a transaction through one of its branches.

It extends the general transaction recording obligations to capture branch-specific information, ensuring that records reflect not just the transaction itself, but the precise role and involvement of the branch through which it was carried out.

This connects directly to the transaction record-keeping requirements set out in Article 7, adding a layer of granularity for branch activity.

Important points:

Where you conduct transactions through a branch, include the ISO 3166 country code of that branch in your transaction records.
Record the branch's role in the transaction, including whether it received the client order, made an investment decision, or held supervisory responsibility over key personnel involved.
Record whether the transaction was carried out on a trading platform located outside the Union using the branch's membership of that platform.

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.

Article 16 Recording of transactions undertaken by branches

Relevant recitals