Question ID
2024_7166
Legal act
Regulation (EU) No 2023/1114 (MiCAR)
Topic
Authorisation of issuers of ARTs and EMTs (MiCAR)
Article
Article 16
Paragraph
2
Subparagraph
Not relevant
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
Not applicable
Name of institution / submitter
Central Bank of Ireland
Country of incorporation / residence
Ireland
Type of submitter
Competent authority
Subject matter
Publication of white papers
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 on the question

Refer above. 

Submission date
Final publishing date
Final answer

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

Status
Final Q&A
Answer prepared by
Answer prepared by the European Commission because it is a matter of interpretation of Union law.

Disclaimer

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