Updated 10/05/2025
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MiCAR ToolDelegated Regulation 2025/305
Article 7

Article 7 - Delegated Regulation 2025/305

Article 7

Identity and proof of good repute, knowledge, skills and experience, and of sufficient time commitment of the members of the management body

1.   For the purposes of Article 62(2), point (g), of Regulation (EU) 2023/1114, applicants shall provide the competent authority with all the following information for each member of the management body:

(a)

the full name and, where different, name at birth;

(b)

the place and date of birth, address and contact details of the current place of residence and of any other place of residence in the past 10 years, nationality or nationalities, national identification number and copy of an official identity document or equivalent;

(c)

details of the position held or to be held by the member of the management body, including whether the position is executive or non-executive, the start date or planned start date and, where applicable, the duration of mandate, and a description of the member’s key duties and responsibilities;

(d)

a curriculum vitae stating relevant education, professional training and professional experience with the name and nature of all organisations for which the member has worked and the nature and duration of the functions performed for positions held in the previous 10 years, in particular highlighting any activities within the scope of the position sought, including professional experience relevant to financial services, crypto-assets, or other digital assets, DLT, information technology, cybersecurity, or digital innovation;

(e)

documentation relating to the member’s reputation and experience, in particular a list of reference persons including contact information and letters of recommendation;

(f)

member’s history, namely all the following:

(i)

absence of a criminal record;

(ii)

information on pending criminal proceedings or investigations or penalties (relating to commercial law, financial services law, money laundering, and terrorist financing, fraud or professional liability), information on enforcement proceedings or sanctions, information on relevant civil and administrative cases and disciplinary actions, including disqualification as a company director, bankruptcy, insolvency and similar procedures;

(iii)

information on any refusal, withdrawal, revocation or termination of registration, authorisation, membership or licence to carry out a trade, business or profession, or any expulsion by a regulatory or government body, professional body or association;

(iv)

information on dismissal from a position of trust, fiduciary relationship, or similar situation of trust or relationship;

(v)

information on whether any authority has assessed the reputation of the individual, including the identity of that authority, the date of the assessment and information about the outcome of that assessment;

(g)

a description of any financial and non-financial interests or relationships of the member and close relatives of that member to other members of the management body and key function holders in the same institution, the parent institution, subsidiaries and shareholders; that could create potential conflicts of interest.

(h)

where a material conflict of interest is identified, a statement of how that conflict will be mitigated or remedied, including a reference to the outline of the conflicts of interest policy;

(i)

information on the time that will be devoted to the performance of the member’s functions within the applicant, including all of the following:

(i)

the estimated minimum time, per year and per month, that the member will devote to the performance of his or her functions within the applicant;

(ii)

a list of the other executive and non-executive directorships that the member holds, referring to commercial and non-commercial activities or set up for the sole purposes of managing the economic interests of the member concerned;

(iii)

information on the size and complexity of the companies or organisations where the directorships referred to in point (ii) are held, including total assets, based on the last available annual accounts whether or not the company is listed and the number of employees of those companies or organisations;

(iv)

a list of any additional responsibilities associated with the directorships referred to in point (ii), including chairing a committee;

(v)

the estimated time in days per year dedicated to each of the other directorships referred to in point (ii) and the number of meetings per year dedicated to each mandate.

For the purposes of point (d), applicant shall include details on all delegated powers and internal decision-making powers held and the areas of operations under control.

For the purposes of points (f)(i) and (ii), applicants shall provide the information through an official certificate, where available from the relevant Member State or third country, or through another equivalent document, where such certificate does not exist. Official records, certificates and documents shall have been issued within 3 months before the submission of application for authorisation. For ongoing investigations, the information may be provided through a declaration of honour.

For the purposes of point (f)(iv), the applicant shall not be required to submit the information about the previous assessment where the competent authority already has such information.

For the purposes of point (g), the description shall include any financial interests, including crypto assets, other digital assets, loans, shareholdings, guarantees or security interests, whether granted or received, commercial relationships, legal proceedings and whether the person was a politically exposed person as defined in Article 3, point (9), of Directive (EU) 2015/849 over the past 2 years.

2.   An applicant seeking authorisation as a crypto-asset service provider in accordance with Article 62 of Regulation (EU) 2023/1114 shall provide to the competent authority the results of any suitability assessment of each member of the management body performed by the applicant, and the results of the assessment of the collective suitability of the management body, including the suitability assessment report or documents on the outcome of the suitability assessment.