Regolamento art
MICAR sulle crypto testo multilingue 2023/1114 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
Index & defs
- distributed ledger technology
- distributed ledger
- consensus mechanism
- DLT network node
- crypto-asset
- asset-referenced token
- electronic money token
- official currency
- utility token
- issuer
- applicant issuer
- offer to the public
- offeror
- funds
- crypto-asset service provider
- crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients
- operation of a trading platform for crypto-assets
- exchange of crypto-assets for funds
- exchange of crypto-assets for other crypto-assets
- execution of orders for crypto-assets on behalf of clients
- placing of crypto-assets
- reception and transmission of orders for crypto-assets on behalf of clients
- providing advice on crypto-assets
- providing portfolio management of crypto-assets
- providing transfer services for crypto-assets on behalf of clients
- management body
- credit institution
- investment firm
- qualified investors
- close links
- reserve of assets
- home Member State
- host Member State
- competent authority
- qualifying holding
- retail holder
- online interface
- client
- matched principal trading
- payment services
- payment service provider
- electronic money institution
- electronic money
- personal data
- payment institution
- UCITS management company
- alternative investment fund manager
- financial instrument
- deposit
- structured deposit
- This crypto-asset white paper has not been approved by any competent authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset white paper.
- This crypto-asset marketing communication has not been reviewed or approved by any competent authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset marketing communication.
- This crypto-asset white paper has not been approved by any competent authority in any Member State of the European Union. The issuer of the crypto-asset is solely responsible for the content of this crypto-asset white paper.
- marketing 30
- communications 24
- crypto-asset 24
- trading 20
- shall 14
- admission 12
- white 12
- paper 12
- competent_authority 12
- article 10
- person 10
- seeking 10
- information 8
- state 8
- offeror 8
- operator 8
- platform 8
- such 6
- clearly 6
- member 6
- disseminated 6
- following 4
- clear 4
- required 4
- pursuant 4
- been 4
- address 4
- communication 4
- the 4
- home_member_state 4
- any 2
- relating 2
- offer_to_the_public 2
- than 2
- asset-referenced_token 2
- e-money 2
- token 2
- comply 2
- requirements: 2
- identifiable 2
- fair 2
- misleading 2
- consistent 2
- published 2
- indicate 2
- website 2
- concerned 2
- well 2
- telephone 2
- number 2
Article 7
Marketing communications
1. Any marketing communications relating to an offer_to_the_public of a crypto-asset other than an asset-referenced_token or e-money token, or to the admission to trading of such crypto-asset, shall comply with all of the following requirements:
| (a) | the marketing communications are clearly identifiable as such; |
| (b) | the information in the marketing communications is fair, clear and not misleading; |
| (c) | the information in the marketing communications is consistent with the information in the crypto-asset white paper, where such crypto-asset white paper is required pursuant to Article 4 or 5; |
| (d) | the marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the offeror, the person seeking admission to trading, or the operator of the trading platform for the crypto-asset concerned, as well as a telephone number and an email address to contact that person; |
| (e) | the marketing communications contain the following clear and prominent statement: ‘This crypto-asset marketing communication has not been reviewed or approved by any competent_authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset marketing communication.’. |
Where the marketing communication is prepared by the person seeking admission to trading or the operator of a trading platform, then, instead of ‛ offeror’, a reference to ‘person seeking admission to trading’ or ‘operator of the trading platform’ shall be included in the statement referred to in the first subparagraph, point (e).
2. Where a crypto-asset white paper is required pursuant to Article 4 or 5, no marketing communications shall be disseminated prior to the publication of the crypto-asset white paper. The ability of the offeror, the person seeking admission to trading or the operator of a trading platform, to conduct market soundings shall not be affected.
3. The competent_authority of the Member State where the marketing communications are disseminated shall have the power to assess compliance with paragraph 1 in respect of those marketing communications.
Where necessary, the competent_authority of the home_Member_State shall assist the competent_authority of the Member State where the marketing communications are disseminated with assessing the consistency of the marketing communications with the information in the crypto-asset white paper.
4. The use of any of the supervisory and investigatory powers set out in Article 94 in relation to the enforcement of this Article by the competent_authority of a host_Member_State shall be notified without undue delay to the competent_authority of the home_Member_State of the offeror, the person seeking admission to trading or the operator of the trading platform for the crypto-assets.
Article 7
Marketing communications
1. Any marketing communications relating to an offer_to_the_public of a crypto-asset other than an asset-referenced_token or e-money token, or to the admission to trading of such crypto-asset, shall comply with all of the following requirements:
| (a) | the marketing communications are clearly identifiable as such; |
| (b) | the information in the marketing communications is fair, clear and not misleading; |
| (c) | the information in the marketing communications is consistent with the information in the crypto-asset white paper, where such crypto-asset white paper is required pursuant to Article 4 or 5; |
| (d) | the marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the offeror, the person seeking admission to trading, or the operator of the trading platform for the crypto-asset concerned, as well as a telephone number and an email address to contact that person; |
| (e) | the marketing communications contain the following clear and prominent statement: ‘This crypto-asset marketing communication has not been reviewed or approved by any competent_authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset marketing communication.’. |
Where the marketing communication is prepared by the person seeking admission to trading or the operator of a trading platform, then, instead of ‛ offeror’, a reference to ‘person seeking admission to trading’ or ‘operator of the trading platform’ shall be included in the statement referred to in the first subparagraph, point (e).
2. Where a crypto-asset white paper is required pursuant to Article 4 or 5, no marketing communications shall be disseminated prior to the publication of the crypto-asset white paper. The ability of the offeror, the person seeking admission to trading or the operator of a trading platform, to conduct market soundings shall not be affected.
3. The competent_authority of the Member State where the marketing communications are disseminated shall have the power to assess compliance with paragraph 1 in respect of those marketing communications.
Where necessary, the competent_authority of the home_Member_State shall assist the competent_authority of the Member State where the marketing communications are disseminated with assessing the consistency of the marketing communications with the information in the crypto-asset white paper.
4. The use of any of the supervisory and investigatory powers set out in Article 94 in relation to the enforcement of this Article by the competent_authority of a host_Member_State shall be notified without undue delay to the competent_authority of the home_Member_State of the offeror, the person seeking admission to trading or the operator of the trading platform for the crypto-assets.
whereas