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MiCAR ToolDelegated Regulation 2025/300
Article 2

Article 2 - Delegated Regulation 2025/300

Article 2

Information to be exchanged in relation to asset-referenced tokens

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange the following information in relation to an asset-referenced token:

(a)

general information and documents received in the context of the application for authorisation as an issuer of asset-referenced tokens pursuant to Commission Delegated Regulation establishing technical standards adopted pursuant to Article 18(6) of Regulation (EU) 2023/1114 or of the notification pursuant to Commission Delegated Regulation (EU) 2025/296 (6), and where relevant supplemented thereafter in the framework of supervision, including:

(i)

names, legal entity identifier or another identifier required pursuant to applicable national law as reported pursuant to Implementing Regulation (EU) 2024/2984, 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 applicant issuer of the assets;

(2)

the issuer of the assets;

(3)

the offeror of the assets;

(4)

the persons seeking admission to trade the assets;

(5)

third-party entities referred to in Article 34(5), point (h), of Regulation (EU) 2023/1114;

(ii)

all versions of the crypto-asset white paper referred to in Article 19 of Regulation (EU) 2023/1114, and information relating to any updates made to it pursuant to Article 25 of that Regulation;

(iii)

all versions of the marketing communications referred to in Article 29 of Regulation (EU) 2023/1114;

(iv)

the legal opinion referred to in Article 18(2), point (e), of Regulation (EU) 2023/1114;

(v)

the programme of operations referred to in Article 18(2), point (d), of Regulation (EU) 2023/1114;

(vi)

information about the members of the management body of the asset-referenced token issuer, including their names and positions within the management body, information necessary to assess their good repute and suitability, in particular information about their relevant knowledge, skills, work experience and time committed to their duties within the management body, and the information about their reputation referred to in Article 8(1), point (e) of Commission Delegated Regulation establishing technical standards adopted pursuant to Article 18(6) of Regulation (EU) 2023/1114;

(vii)

where relevant, information on any changes to the management body of the issuer of asset-referenced tokens as referred to in Article 33 of Regulation (EU) 2023/1114, and the competent authority’s assessment hereof;

(viii)

information about shareholders holding 20 % or more of the share capital or voting rights of the issuer of asset-referenced tokens, including their identity, the amount of their holdings and the information about their reputation referred to in Article 2, point (a) of Commission Delegated Regulation (EU) 2025/413 (7);

(ix)

the competent authority’s assessment of any proposed acquisitions or disposals of a qualified holding in an asset-referenced token issuer, in accordance with Article 41 of Regulation (EU) 2023/1114;

(x)

information about the organisational structure, operational conditions and compliance with the requirements set out in Title III of Regulation (EU) 2023/1114 of the issuer of the asset-referenced token, including:

(1)

the governance arrangements and internal control mechanisms referred to in Article 34 of Regulation (EU) 2023/1114;

(2)

the compliance with own fund requirements, including on the outcome of stress testing programmes, in accordance with Article 35(1), (2) and (5) of Regulation (EU) 2023/1114;

(3)

where applicable, the compliance with additional own funds requirements in accordance with Article 35(3) of Regulation (EU) 2023/1114;

(4)

the compliance with the requirements on the reserve of assets in accordance with Article 36 of Regulation (EU) 2023/1114;

(5)

the independent audit of the reserve of assets, including a summary of results, pursuant to Article 36(9) of Regulation (EU) 2023/1114;

(6)

all versions of the recovery plan produced pursuant to Article 46(2) of Regulation (EU) 2023/1114, and information relating to the implementation of or updates to the recovery plan pursuant to Article 46(3) of Regulation (EU) 2023/1114;

(7)

all versions of the redemption plan produced pursuant to Article 47(1) of Regulation (EU) 2023/1114, and information relating to any amendments made to it pursuant to Article 47(3) of Regulation (EU) 2023/1114;

(b)

information about the authorisation as an issuer of asset-referenced tokens, including where the authorisation was refused or the application for authorisation was retracted, and information about the withdrawal of an authorisation pursuant to Article 24 of Regulation (EU) 2023/1114;

(c)

the plan of the issuer of asset-referenced tokens to discontinue the provision of services and activities as approved pursuant to Article 34(7) of Regulation (EU) 2023/1114;

(d)

information on the loss by the third-party entity referred to in Article 34(5), point (h) of Regulation (EU) 2023/1114 of its authorisation as a credit institution, as a crypto-asset service provider, as a payment institution, or as an electronic money institution;

(e)

information on any temporary suspensions by a competent authority of the redemption of asset-referenced tokens and an identification of the circumstances that might affect the interests of the holders of asset-referenced tokens and financial stability pursuant to Article 46(4) of Regulation (EU) 2023/1114;

(f)

information on any infringements of the national provisions transposing Directive (EU) 2015/849 of the European Parliament and of the Council (8) by the members of the management body of the issuer of asset-referenced tokens or by shareholders or members, whether direct or indirect, that have qualifying holdings in the issuer of asset-referenced tokens;

(g)

information on any penalty issued pursuant to Regulation (EU) 2023/1114, including criminal penalties, administrative measures or enforcement actions, in relation to an issuer of an asset-referenced token;

(h)

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.

(6)  Commission Delegated Regulation (EU) 2025/296 of 31 October 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the procedure for the approval of a crypto-asset white paper (OJ L, 2025/296, 13.2.2025, ELI: http://data.europa.eu/eli/reg_del/2025/296/oj).

(7)  Commission Delegated Regulation (EU) 2025/413 of 18 December 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the detailed content of information necessary to carry out the assessment of a proposed acquisition of a qualifying holding in an issuer of an asset-referenced token (OJ L, 2025/413, 31.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/413/oj).

(8)  Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73, ELI: http://data.europa.eu/eli/dir/2015/849/oj).