EBA · 2024_7210 Rejected question

Own funds requirement for asset-referenced token issuers

Regulation
Regulation (EU) No 2023/1114 (MiCAR)
Article
35, para. 1
Topic
Own Funds (MiCAR)
Submitted by
Individual
Submitted
2024-10-04
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Question

Are issuers of asset-referenced tokens, who are exempt from authorization requirement pursuant to Article 16(2) of MiCAR, subject to the own funds requirement pursuant to Article 35(1) of MiCAR?

Background

It is not clear if the own funds requirement pursuant to Article 35 of MiCAR applies also in case where the issuer is exempt from the authorization requirement pursuant to Article 16(2) of MiCAR.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2024_7210

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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