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Article 1 - Delegated Regulation 2025/300

Article 1

Information to be exchanged in relation to crypto-assets other than asset-referenced tokens or e-money tokens

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange the following information in relation to a crypto-asset other than an asset-referenced token or e-money token:

(a)

general information and documents received in the context of the notification of an intended offer to the public or admission to trading, and, where relevant supplemented thereafter in the framework of supervision, including:

(i)

name, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Commission Implementing Regulation (EU) 2024/2984 (5), registered address and, where different, head office, contact details, relevant excerpts from national registers and, where applicable, articles of association and other instruments of constitution of the following persons, as applicable:

(1)

the issuer of the assets;

(2)

the offeror of the assets;

(3)

the person seeking admission to trade the assets;

(4)

the operator of the trading platform;

(5)

any other person that has or should have drawn up the crypto-asset white paper referred to in Article 6 of Regulation (EU) 2023/1114;

(ii)

all versions of the crypto-asset white paper drafted pursuant to Article 4(1) and Article 5(1) of Regulation (EU) 2023/1114, and information relating to any updates made to it pursuant to Article 12 of that Regulation;

(iii)

all versions of the marketing communications referred to in Article 4(1) and Article 5(1) of Regulation (EU) 2023/1114, and information relating to any updates made to them pursuant to Article 12 of that Regulation;

(iv)

all information on the offer to the public and admission to trading received pursuant to Article 8(6) of Regulation (EU) 2023/1114;

(v)

the explanation, as referred to in Article 8(4) of Regulation (EU) 2023/1114, of why the crypto-asset described in the crypto-asset white paper should not be considered to be a crypto-asset excluded from the scope of Regulation (EU) 2023/1114 pursuant to Article 2(4) of that Regulation, an e-money token, or an asset-referenced token;

(vi)

the description of the offer to the public of a crypto-asset and any information used to assess the conditions for the exemptions contained in Article 4(2) and (3) of Regulation (EU) 2023/1114;

(b)

information on any penalty, including criminal penalties, administrative measures or enforcement actions, in relation to persons referred to in point (a)(i);

(c)

any other information necessary for cooperation among competent authorities in investigation, supervision and enforcement activities, pursuant to Article 95(1) of Regulation (EU) 2023/1114.


(5)  Commission Implementing Regulation (EU) 2024/2984 of 29 November 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to forms, formats and templates for the crypto-asset white papers (OJ L, 2024/2984, 3.12.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2984/oj).