EBA · 2024_7166 Final Q&A

Publication of white papers

Regulation
Regulation (EU) No 2023/1114 (MiCAR)
Article
Article 16, para. 2
Topic
Authorisation of issuers of ARTs and EMTs (MiCAR)
Submitted by
Competent authority
Submitted
2024-08-08
Answered
2026-05-08
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Regarding entities exempted from authorisation pursuant to Article 16(2) of MiCAR, they shall notify the white paper to the competent authority of the home Member State, and the NCA is responsible for forwarding on the white paper of these entities to ESMA. However, it is unclear how the white paper is made available to the intended audiences of customers, and other relevant stakeholders and investors. Article 28 on publication of crypto-asset white papers only refers to ‘approved’ white papers (in accordance with Article 17(1) or Article 21(1) of MiCAR), without referring to notified white papers of exempted entities under Article 16(2) of MiCAR. Therefore, does Article 28 on publication of white paper of ART issuers also applies to issuers exempted under Article 16(2) of MiCAR?"

Background

Refer above.

Answer

Yes, Article 28 MiCAR on publication of white paper of ART issuers applies to issuers exempted under Article 16(2) of MiCAR.

Original source: European Banking Authority, Q&A ID 2024_7166

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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