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| | Recitals |
| | Title I Subject matter, scope and definitions (arts. 1-3) |
Entered into force | Article 1 Subject matter |
ApplicableEntered into force | Article 2 Scope |
ApplicableEntered into force | Article 3 Definitions |
| | Title II Crypto-assets other than asset-referenced tokens or e-money tokens (arts. 4-15) |
Entered into force | Article 4 Offers to the public of crypto-assets other than asset-referenced tokens or e-money tokens |
Entered into force | Article 5 Admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens |
ApplicableEntered into force | Article 6 Content and form of the crypto-asset white paper |
Entered into force | Article 7 Marketing communications |
Entered into force | Article 8 Notification of the crypto-asset white paper and of the marketing communications |
Entered into force | Article 9 Publication of the crypto-asset white paper and of the marketing communications |
Entered into force | Article 10 Result of the offer to the public and safeguarding arrangements |
Entered into force | Article 11 Rights of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens |
Entered into force | Article 12 Modification of published crypto-asset white papers and of published marketing communications |
Entered into force | Article 13 Right of withdrawal |
ApplicableEntered into force | Article 14 Obligations of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens |
Entered into force | Article 15 Liability for the information given in a crypto-asset white paper |
| | Title III Asset-referenced tokens (arts. 16-47) |
| | Chapter 1 Authorisation to offer asset-referenced tokens to the public and to seek their admission to trading (arts. 16-26) |
Applicable | Article 16 Authorisation |
Applicable | Article 17 Requirements for credit institutions |
Applicable | Article 18 Application for authorisation |
Applicable | Article 19 Content and form of the crypto-asset white paper for asset-referenced tokens |
Applicable | Article 20 Assessment of the application for authorisation |
Applicable | Article 21 Grant or refusal of the authorisation |
Applicable | Article 22 Reporting on asset-referenced tokens |
Applicable | Article 23 Restrictions on the issuance of asset-referenced tokens used widely as a means of exchange |
Applicable | Article 24 Withdrawal of the authorisation |
Applicable | Article 25 Modification of published crypto-asset white papers for asset-referenced tokens |
Applicable | Article 26 Liability of issuers of asset-referenced tokens for the information given in a crypto-asset white paper |
| | Chapter 2 Obligations of issuers of asset-referenced tokens (arts. 27-35) |
Applicable | Article 27 Obligation to act honestly, fairly and professionally in the best interest of the holders of asset-referenced tokens |
Applicable | Article 28 Publication of the crypto-asset white paper |
Applicable | Article 29 Marketing communications |
Applicable | Article 30 Ongoing information to holders of asset-referenced tokens |
Applicable | Article 31 Complaints-handling procedures |
Applicable | Article 32 Identification, prevention, management and disclosure of conflicts of interest |
Applicable | Article 33 Notification of changes to management body |
Applicable | Article 34 Governance arrangements |
Applicable | Article 35 Own funds requirements |
| | Chapter 3 Reserve of assets (arts. 36-40) |
Applicable | Article 36 Obligation to have a reserve of assets, and composition and management of such reserve of assets |
Applicable | Article 37 Custody of reserve assets |
Applicable | Article 38 Investment of the reserve of assets |
Applicable | Article 39 Right of redemption |
Applicable | Article 40 Prohibition of granting interest |
| | Chapter 4 Acquisitions of issuers of asset-referenced tokens (arts. 41-42) |
Applicable | Article 41 Assessment of proposed acquisitions of issuers of asset-referenced tokens |
Applicable | Article 42 Content of the assessment of proposed acquisitions of issuers of asset-referenced tokens |
| | Chapter 5 Significant asset-referenced tokens (arts. 43-45) |
Applicable | Article 43 Classification of asset-referenced tokens as significant asset-referenced tokens |
Applicable | Article 44 Voluntary classification of asset-referenced tokens as significant asset-referenced tokens |
Applicable | Article 45 Specific additional obligations for issuers of significant asset-referenced tokens |
| | Chapter 6 Recovery and redemption plans (arts. 46-47) |
Applicable | Article 46 Recovery plan |
Applicable | Article 47 Redemption plan |
| | Title IV E-money tokens (arts. 48-58) |
| | Chapter 1 Requirements to be fulfilled by all issuers of e-money tokens (arts. 48-55) |
Applicable | Article 48 Requirements for the offer to the public or admission to trading of e-money tokens |
Applicable | Article 49 Issuance and redeemability of e-money tokens |
Applicable | Article 50 Prohibition of granting interest |
Applicable | Article 51 Content and form of the crypto-asset white paper for e-money tokens |
Applicable | Article 52 Liability of issuers of e-money tokens for the information given in a crypto-asset white paper |
Applicable | Article 53 Marketing communications |
Applicable | Article 54 Investment of funds received in exchange for e-money tokens |
Applicable | Article 55 Recovery and redemption plans |
| | Chapter 2 Significant e-money tokens (arts. 56-58) |
Applicable | Article 56 Classification of e-money tokens as significant e-money tokens |
Applicable | Article 57 Voluntary classification of e-money tokens as significant e-money tokens |
Applicable | Article 58 Specific additional obligations for issuers of e-money tokens |
| | Title V Authorisation and operating conditions for crypto-asset service providers (arts. 59-85) |
| | Chapter 1 Authorisation of crypto-asset service providers (arts. 59-65) |
Entered into force | Article 59 Authorisation |
ApplicableEntered into force | Article 60 Provision of crypto-asset services by certain financial entities |
ApplicableEntered into force | Article 61 Provision of crypto-asset services at the exclusive initiative of the client |
ApplicableEntered into force | Article 62 Application for authorisation as a crypto-asset service provider |
ApplicableEntered into force | Article 63 Assessment of the application for authorisation and grant or refusal of authorisation |
Entered into force | Article 64 Withdrawal of authorisation of a crypto-asset service provider |
Entered into force | Article 65 Cross-border provision of crypto-asset services |
| | Chapter 2 Obligations for all crypto-asset service providers (arts. 66-74) |
ApplicableEntered into force | Article 66 Obligation to act honestly, fairly and professionally in the best interests of clients |
Entered into force | Article 67 Prudential requirements |
ApplicableEntered into force | Article 68 Governance arrangements |
Entered into force | Article 69 Information to competent authorities |
Entered into force | Article 70 Safekeeping of clients' crypto-assets and funds |
ApplicableEntered into force | Article 71 Complaints-handling procedures |
ApplicableEntered into force | Article 72 Identification, prevention, management and disclosure of conflicts of interest |
Entered into force | Article 73 Outsourcing |
Entered into force | Article 74 Orderly wind-down of crypto-asset service providers |
| | Chapter 3 Obligations in respect of specific crypto-asset services (arts. 75-82) |
Entered into force | Article 75 Providing custody and administration of crypto-assets on behalf of clients |
ApplicableEntered into force | Article 76 Operation of a trading platform for crypto-assets |
Entered into force | Article 77 Exchange of crypto-assets for funds or other crypto-assets |
Entered into force | Article 78 Execution of orders for crypto-assets on behalf of clients |
Entered into force | Article 79 Placing of crypto-assets |
Entered into force | Article 80 Reception and transmission of orders for crypto-assets on behalf of clients |
Amended | Article 81 Providing advice on crypto-assets and providing portfolio management of crypto-assets |
ApplicableEntered into force | Article 82 Providing transfer services for crypto-assets on behalf of clients |
| | Chapter 4 Acquisition of crypto-asset service providers (arts. 83-84) |
Entered into force | Article 83 Assessment of proposed acquisitions of crypto-asset service providers |
ApplicableEntered into force | Article 84 Content of the assessment of proposed acquisitions of crypto-asset service providers |
| | Chapter 5 Significant crypto-asset service providers (arts. 59-85) |
Entered into force | Article 85 Identification of significant crypto-asset service providers |
| | Title VI Prevention and prohibition of market abuse involving crypto-assets (arts. 86-92) |
Entered into force | Article 86 Scope of the rules on market abuse |
Entered into force | Article 87 Inside information |
ApplicableEntered into force | Article 88 Public disclosure of inside information |
Entered into force | Article 89 Prohibition of insider dealing |
Entered into force | Article 90 Prohibition of unlawful disclosure of inside information |
Entered into force | Article 91 Prohibition of market manipulation |
Amended | Article 92 Prevention and detection of market abuse |
| | Title VII Competent authorities, EBA and ESMA (arts. 93-138) |
| | Chapter 1 Powers of competent authorities and cooperation between competent authorities, EBA and ESMA (arts. 93-108) |
Entered into force | Article 93 Competent authorities |
Entered into force | Article 94 Powers of competent authorities |
ApplicableEntered into force | Article 95 Cooperation between competent authorities |
ApplicableEntered into force | Article 96 Cooperation with EBA and ESMA |
ApplicableEntered into force | Article 97 Promotion of convergence on the classification of crypto-assets |
Entered into force | Article 98 Cooperation with other authorities |
Entered into force | Article 99 Duty of notification |
Entered into force | Article 100 Professional secrecy |
Entered into force | Article 101 Data protection |
Entered into force | Article 102 Precautionary measures |
ApplicableEntered into force | Article 103 ESMA temporary intervention powers |
ApplicableEntered into force | Article 104 EBA temporary intervention powers |
ApplicableEntered into force | Article 105 Product intervention by competent authorities |
Entered into force | Article 106 Coordination with ESMA or EBA |
ApplicableEntered into force | Article 107 Cooperation with third countries |
Entered into force | Article 108 Complaints-handling by competent authorities |
| | Chapter 2 ESMA register (arts. 109-110a) |
ApplicableEntered into force | Article 109 Register of crypto-asset white papers, of issuers of asset-referenced tokens and e-money tokens, and of crypto-asset service providers |
Entered into force | Article 110 Register of non-compliant entities providing crypto-asset services |
Inserted | Article 110a Accessibility of information on the European single access point |
| | Chapter 3 Administrative penalties and other administrative measures by competent authorities (arts. 111-116) |
Amended | Article 111 Administrative penalties and other administrative measures |
Entered into force | Article 112 Exercise of supervisory powers and powers to impose penalties |
Entered into force | Article 113 Right of appeal |
Entered into force | Article 114 Publication of decisions |
Entered into force | Article 115 Reporting of administrative penalties and other administrative measures to ESMA and EBA |
Entered into force | Article 116 Reporting of infringements and protection of reporting persons |
| | Chapter 4 Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and significant e-money tokens and colleges of supervisors (arts. 117-120) |
Entered into force | Article 117 Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens |
Entered into force | Article 118 EBA crypto-asset committee |
ApplicableEntered into force | Article 119 Colleges for issuers of significant asset-referenced tokens and significant e-money tokens |
Entered into force | Article 120 Non-binding opinions of the colleges for issuers of significant asset-referenced tokens and significant e-money tokens |
| | Chapter 5 EBA's powers and competences with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens (arts. 121-138) |
Entered into force | Article 121 Legal privilege |
Entered into force | Article 122 Request for information |
Entered into force | Article 123 General investigative powers |
Entered into force | Article 124 On-site inspections |
Entered into force | Article 125 Exchange of information |
Entered into force | Article 126 Administrative agreements on the exchange of information between EBA and third countries |
Entered into force | Article 127 Disclosure of information from third countries |
Entered into force | Article 128 Cooperation with other authorities |
Entered into force | Article 129 Professional secrecy |
Entered into force | Article 130 Supervisory measures by EBA |
Entered into force | Article 131 Fines |
Entered into force | Article 132 Periodic penalty payments |
Entered into force | Article 133 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments |
ApplicableEntered into force | Article 134 Procedural rules for taking supervisory measures and imposing fines |
Entered into force | Article 135 Hearing of the persons concerned |
Entered into force | Article 136 Review by the Court of Justice |
ApplicableEntered into force | Article 137 Supervisory fees |
Entered into force | Article 138 Delegation of tasks by EBA to competent authorities |
| | Title VIII Delegated acts (art. 139) |
ApplicableEntered into force | Article 139 Exercise of the delegation |
| | Title IX Transitional and final provisions (arts. 140-149) |
Entered into force | Article 140 Reports on the application of this Regulation |
Entered into force | Article 141 ESMA annual report on market developments |
Entered into force | Article 142 Report on latest developments in crypto-assets |
Entered into force | Article 143 Transitional measures |
Entered into force | Article 144 Amendment to Regulation (EU) No 1093/2010 |
Entered into force | Article 145 Amendment to Regulation (EU) No 1095/2010 |
Entered into force | Article 146 Amendment to Directive 2013/36/EU |
Entered into force | Article 147 Amendment to Directive (EU) 2019/1937 |
Entered into force | Article 148 Transposition of amendments to Directives 2013/36/EU and (EU) 2019/1937 |
Entered into force | Article 149 Entry into force and application |
Entered into force | Annex I Disclosure items for the crypto-asset white paper for crypto-assets other than asset-referenced tokens or e-money tokens |
Entered into force | Annex II Disclosure items for the crypto-asset white paper for an asset-referenced token |
Entered into force | Annex III Disclosure items for the crypto-asset white paper for an e-money token |
Entered into force | Annex IV Minimum capital requirements for crypto-asset service providers |
Entered into force | Annex V List of infrigements referred to in Titles III and VI for issuers of significant asset-referenced tokens |
Entered into force | Annex VI List of infrigements of provisions referred to in Title IV in conjunction with Title III for issuers of significant e-money tokens |
| | Done at |
