Art. 5 Identification of staff members | RTS on remuneration policy | MiCA

This article establishes the framework for identifying "identified staff" — those whose roles have a material impact on the risk profile of the issuer or the tokens they issue.

It is a foundational identification exercise that directly feeds into Article 6, which sets out the specific remuneration requirements that apply to this identified population.

The article provides an extensive list of qualifying roles and functions, covering everything from senior leadership to those responsible for specific operational areas such as AML, reserve asset management, and token issuance.

Important points:

Identify all staff members who have a material impact on the risk profile of your organisation or the tokens you issue, using the criteria set out in this article as a minimum.
The identification net is cast broadly — it captures not only management body members and senior management, but also those with managerial responsibility over a wide range of specific functions.
The criteria are not exhaustive: any person whose professional activities have a comparable risk impact to those explicitly listed must also be included.

1. Issuers of asset referenced tokens or e-money tokens, shall identify all staff members that have a material impact on the risk profile of those issuers or on the risk profile of the tokens they issue, by applying at least the criteria set out in paragraphs 2 and 3.
1. A person shall be identified as a staff member referred to in paragraph 1 if it meets one or more of the following criteria:
  1. they are members of the management body or senior management;
  2. they have managerial responsibility over the issuer’s control functions or material business units;
  3. they have managerial responsibility for:
    management of at least one of the following risk categories: liquidity risk, operational risk, including legal risk and information and communication technology risk;
    information and communication technology used for the processing of the tokens;
    the prevention of money laundering and terrorist financing;
    the management of reserve assets;
    the token issuance function;
    managing outsourcing arrangements with third-party service providers supporting critical or important functions;
    finance, including taxation and budgeting;
    legal affairs;
    the soundness of accounting policies and procedures;
    human resources;
    the establishment or internal approval of white papers.
1. A person shall be considered a staff member referred to in paragraph 1 where its professional activities have a comparable impact on the issuers’ risk profile or on the risk profile of the tokens they issue to that of the staff members specified in points (a) to (c) of paragraph 2.