Art. 110 Register of non-compliant entities providing crypto-asset services | MiCA regulation | MiCA

This article tasks ESMA with creating and maintaining a public "blacklist" of entities that are providing crypto-asset services without the required authorisation or registration — specifically those in breach of Articles 59 or 61, which govern the authorisation requirements for crypto-asset service providers.

It complements the authorised entity register under Article 109 by providing the counterpart: a register of non-compliant actors.

Notably, ESMA is also granted the power to apply supervisory and investigative tools against these non-compliant entities in certain circumstances.

Important points:

ESMA is required to establish and publicly maintain a register of non-compliant crypto-asset service providers, available on its website in a machine-readable format.
The register is fed by information from competent authorities across Member States, EBA, and third-country supervisory authorities, and ESMA can also add entries on its own initiative.
ESMA may exercise the supervisory and investigative powers set out in Article 94(1) against entities it identifies as non-compliant and adds to the register on its own initiative.

1. ESMA shall establish a non-exhaustive register of entities that provide crypto-asset services in violation of Article 59 or 61.
1. The register shall contain at least the commercial name or the website of a non-compliant entity and the name of the competent authority that submitted the information.
1. The register shall be publicly available on ESMA’s website in a machine-readable format and shall be updated on a regular basis to take into account any changes of circumstances or any information that is brought to ESMA’s attention concerning the registered non-compliant entities. The register shall enable centralised access to information submitted by competent authorities from the Member States or third countries, as well as by EBA.
1. ESMA shall update the register to include information on any case of infringement of this Regulation identified on its own initiative in accordance with Article 17 of Regulation (EU) No 1095/2010 in which it has adopted a decision under paragraph 6 of that Article addressed to a non-compliant entity providing crypto-asset services, or any information on entities providing crypto-asset services without the necessary authorisation or registration submitted by the relevant supervisory authorities of third countries.
1. In the cases referred to in paragraph 4 of this Article, ESMA may apply the relevant supervisory and investigative powers of competent authorities as referred to in Article 94(1) to non-compliant entities providing crypto-asset services.

Article 110 Register of non-compliant entities providing crypto-asset services

Relevant recitals