Art. 5 Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds | RTS on record keeping | MiCA

1. Crypto-asset service providers shall keep records enabling them to distinguish, at any time and without delay, crypto-assets and funds held for one client from crypto-assets and funds held for any other client and from their own assets.
1. Crypto-asset service providers shall maintain their records in a way that ensures that they may be used for auditing purposes as records.
1. Such records shall include the following:
  1. records that readily identify the balances of crypto-assets and funds held for each client;
  2. where clients’ funds are held by crypto-asset service providers in accordance with Article 70(2) and (3) of Regulation (EU) 2023/1114, details of the accounts in which those funds are held and the relevant agreements between the crypto-assets service provider with the credit institutions or central banks with which the clients’ funds are placed;
  3. details of the accounts opened with third parties holding crypto-assets for the crypto-assets service provider and of the outsourcing agreements with those third parties;
  4. details of third parties carrying out any tasks outsourced in accordance with Article 73 of Regulation (EU) 2023/1114 and details of the outsourced tasks;
  5. names and functions of persons responsible for the safekeeping of clients’ crypto-assets and funds within the crypto-asset service provider;
  6. agreements that establish client ownership over crypto-assets and funds.

Crypto-asset service providers should be free to determine the manner in which they keep records of relevant data relating to all orders and transactions in crypto-assets. However, consistent and comparable records on services, activities, orders and transactions are essential for competent authorities to fulfil their supervisory tasks and to take enforcement measures. In particular, competent authorities should be able to perform the same analysis on all record datasets, regardless of which crypto-asset service provider produced the record. Crypto-asset service providers should therefore provide consistent details of the records on services, activities, orders and transactions by using uniform standards where a competent authority requests such information pursuant to Article 94 of Regulation (EU) 2023/1114. For the same reasons, it is necessary to specify that the records should be maintained in a medium allowing effective supervision by competent authorities.

Article 5 Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds

Relevant recitals