EBA · 2024_7114 Rejected question

Digital tokens representing ownership of a physical portion of gold

Regulation
Regulation (EU) No 2023/1114 (MiCAR)
Article
3, para. 1
Topic
Classification of crypto assets (MiCAR)
Submitted by
Competent authority
Submitted
2024-06-18

Question

Should a digital token that represents ownership of physical portions of non-specific gold bars be qualified as an asset-referenced token according to Article 3(1)(6) of MiCAR?

Background

An entity mints (i.e. creates), offers and sells digital tokens that represent ownership of physical portions of non-specific gold bars (hereinafter, ‘gold tokens’). Holders agree with the issuer to pay an amount in funds (i.e. fiat currency) in consideration for each gold token. The amount in funds is equivalent to the market value of the physical gold represented by the gold token. Gold tokens give the ownership of a portion of physical gold to the digital token holders. Gold tokens are freely transferable by means of new agreements with any third party in the same blockchain. Subsequent gold token holders assume the same rights (i.e. ownership) and obligations of former gold token holders. The issuer commits itself to return an amount in funds equivalent to the market value of the physical gold represented by the gold token to any holder at any time.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2024_7114

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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