Source: OJ L 150, 9.6.2023, pp. 40–205Current language: EN
- Markets in crypto-assets
Basic legislative acts
- MiCA regulation
Article 55 Recovery and redemption plans
Summary What does Article 55 of the MiCA regulation say?
This article extends the recovery and redemption plan requirements from Title III, Chapter 6 — which primarily governs issuers of asset-referenced tokens — to issuers of e-money tokens.
It does so by applying those rules "mutatis mutandis," meaning with the necessary adaptations.
The article then carves out two specific timing derogations from Articles 46 and 47, setting a distinct deadline for e-money token issuers to notify their recovery and redemption plans to the competent authority.
Important points:
- Issuers of e-money tokens must notify their recovery plan to the competent authority within six months of the date of the offer to the public or admission to trading.
- Issuers of e-money tokens must notify their redemption plan to the competent authority within six months of the date of the offer to the public or admission to trading.
- These timelines differ from those that apply to issuers of asset-referenced tokens under Articles 46 and 47.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Title III, Chapter 6 shall apply mutatis mutandis to issuers of e-money tokens.
By way of derogation from Article 46(2), the date by which the recovery plan is to be notified to the competent authority shall, in respect of issuers of e-money tokens, be within six months of the date of the offer to the public or admission to trading.
By way of derogation from Article 47(3), the date by which the redemption plan is to be notified to the competent authority shall, in respect of issuers of e-money tokens, be within six months of the date of the offer to the public or admission to trading.
Relevant recitals
Recital 72 EMT recovery and redemption planning obligations
Issuers of e-money tokens should have in place recovery and redemption plans to ensure that the rights of the holders of the e-money tokens are protected when issuers are not able to comply with their obligations.
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
placing of crypto-assets
Definition
official currency
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distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
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consensus mechanism
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operation of a trading platform for crypto-assets
Definition
e-money token
Definition
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 on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;