Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 27 Obligation to act honestly, fairly and professionally in the best interest of the holders of asset-referenced tokens
Summary What does Article 27 of the MiCA regulation say?
This is a short but foundational conduct article that establishes the baseline behavioural standards expected of issuers of asset-referenced tokens.
It sits within the broader framework governing issuers under Title III and complements the more detailed operational and governance requirements found in surrounding articles by setting the overarching ethical tone: issuers must act honestly, fairly, and professionally, and communicate with holders in a clear and non-misleading way.
It also establishes a default principle of equal treatment for holders, with a carve-out where preferential treatment is transparently disclosed upfront.
Important points:
- Act honestly, fairly, and professionally in all communications with holders and prospective holders of asset-referenced tokens.
- Act in the best interests of token holders and treat them equally as a default position.
- Preferential treatment of certain holders is permissible only if it is disclosed in the crypto-asset white paper and, where applicable, marketing communications.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Issuers of asset-referenced tokens shall act honestly, fairly and professionally and shall communicate with the holders and prospective holders of asset-referenced tokens in a fair, clear and not misleading manner.
Issuers of asset-referenced tokens shall act in the best interests of the holders of such tokens and shall treat them equally, unless any preferential treatment is disclosed in the crypto-asset white paper and, where applicable, the marketing communications.
Relevant recitals
Recital 47 ART issuers' disclosure on stabilisation and reserves
To ensure protection of retail holders, issuers of asset-referenced tokens should always provide holders of such tokens with information that is complete, fair, clear and not misleading. Crypto-asset white papers for asset-referenced tokens should include information on the stabilisation mechanism, on the investment policy of the reserve assets, on the custody arrangements for the reserve assets and on the rights provided to holders.
Recital 49 ART issuers’ conduct and complaints handling
To ensure protection of retail holders, issuers of asset-referenced tokens should always act honestly, fairly and professionally and in the best interests of the holders of asset-referenced tokens. Issuers of asset-referenced tokens should also put in place a clear procedure for handling complaints received from holders of asset-referenced tokens.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
official currency
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distributed ledger
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consensus mechanism
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retail holder
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crypto-asset
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DLT network node
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asset-referenced token
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issuer
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electronic money token
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distributed ledger technology