Source: OJ L, 2025/1140, 10.6.2025
Current language: EN
- Markets in crypto-assets
Crypto-asset service provider
- RTS on record keeping
Article 8 Identification of person or computer algorithm within the crypto-asset service provider making the investment decision
Where a person or computer algorithm within 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; makes the investment decision to acquire or dispose of a specific crypto-assetmeans 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; on behalf of the 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; or on behalf of 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 by the clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;, that person or computer algorithm shall be identified and recorded as specified in Field 41 of Table 3 of Section 3 of the Annex.
Where a person and computer algorithm are both involved in taking the investment decision, or more than one person or algorithm are involved in taking that decision, the 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; shall record the person or computer algorithm with primary responsibility for that decision.
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