Article 74 Orderly wind-down of crypto-asset service providers

Summary What does Article 74 of the MiCA regulation say?

This brief but important article imposes a wind-down planning requirement on crypto-asset service providers.

It connects directly to the specific service obligations set out in Articles 75 to 79, meaning it applies to providers offering custody, trading platform operation, exchange, order execution, and placing services.

The core requirement is that these providers must have a plan in place that demonstrates their capacity to cease operations in an orderly manner, covering the continuity or recovery of critical activities during that process.

Important points:

Crypto-asset service providers offering the services in Articles 75 to 79 must have a wind-down plan in place.
The plan must cover continuity or recovery of critical activities during the wind-down process.
The plan must demonstrate that the wind-down can be carried out without causing undue economic harm to clients.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Crypto-asset service providers that provide the services referred to in Articles 75 to 79 shall have in place a plan that is appropriate to support an orderly wind-down of their activities under applicable national law, including the continuity or recovery of any critical activities performed by those service providers. That plan shall demonstrate the ability of crypto-asset service providers to carry out an orderly wind-down without causing undue economic harm to their clients.

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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.