MiCA Regulation [Eurolex]

Art. 93 - Competent authorities Art. 94 - Powers of competent authorities Art. 95 - Cooperation Art. 96 - Cooperation EBA and ESMA Art. 97 - Classification of tokens Art. 98 - Other authorities Art. 99 - Duty of notification Art. 100 - Professional secrecy Art. 101 - Data protection Art. 102 - Precautionary measures Art. 103 - ESMA interventions Art. 104 - EBA interventions Art. 105 - Product intervention Art. 106 - Coordination with ESMA or EBA Art. 107 - Third-countries Art. 108 - Complaints-handling Art. 109 - ESMA register Art. 110 - Register of non-compliant firms Art. 111 - Administrative penalties Art. 112 - Supervisory powers Art. 113 - Right of appeal Art. 114 - Publication of decisions Art. 115 - Reporting of penalties Art. 116 - Reporting of infringements Art. 117 - Supervision: stablecoins Art. 118 - EBA crypto-asset committee Art. 119 - Colleges for issuers Art. 120 - Non-binding opinion of colleges Art. 121 - Legal privilege Art. 122 - Request for information Art. 123 - General investigative powers Art. 124 - On-site inspections Art. 125 - Exchange of information Art. 126 - Third countries: information Art. 127 - Third countries: disclosure Art. 128 - Other authorities Art. 129 - Professional secrecy Art. 130 - Supervisory measures EBA Art. 131 - Fines Art. 132 - Periodic penalty payments Art. 133 - Allocation of fines Art. 134 - Fines: procedural rules Art. 135 - Investigation: hearings Art. 136 - Review by the Court of Justice Art. 137 - Supervisory fees Art. 138 - EBA: delegation of tasks Art. 139 - Exercise of the delegation Art. 140 - Reports on MiCA Art. 141 - Report on market Art. 142 - Report on crypto-assets

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Article 102 - Precautionary measures

  1. Where the competent authority of a host Member State has clear and demonstrable grounds for suspecting that there are irregularities in the activities of an offeror or person seeking admission to trading of crypto-assets, an issuer of an asset-referenced token or e-money token, or a crypto-asset service provider, it shall notify the competent authority of the home Member State and ESMA thereof.

    Where the irregularities referred to in the first subparagraph concern an issuer of an asset-referenced token or e-money token, or a crypto-asset service related to asset-referenced tokens or e-money tokens, the competent authority of the host Member State shall also notify EBA.

  2. Where, despite the measures taken by the competent authority of the home Member State, the irregularities referred to in paragraph 1 persist, amounting to an infringement of this Regulation, the competent authority of the host Member State, after informing the competent authority of the home Member State, ESMA and, where appropriate, EBA, shall take appropriate measures in order to protect clients of crypto-asset service providers and holders of crypto-assets, in particular retail holders. Such measures include preventing the offeror, person seeking admission to trading, the issuer of the asset-referenced token or e-money token or the crypto-asset service provider from conducting further activities in the host Member State. The competent authority shall inform ESMA and, where appropriate, EBA thereof without undue delay. ESMA, and, where involved, EBA, shall inform the Commission accordingly without undue delay.

  3. Where a competent authority of the home Member State disagrees with any of the measures taken by a competent authority of the host Member State pursuant to paragraph 2 of this Article, it may bring the matter to the attention of ESMA. Article 19(4) of Regulation (EU) No 1095/2010 shall apply in such situations mutatis mutandis.

    By way of derogation from the first subparagraph of this paragraph, where the measures referred to in paragraph 2 of this Article concern an issuer of an asset-referenced token or e-money token, or a crypto-asset service related to asset-referenced tokens or e-money tokens, the competent authority of the host Member State may bring the matter to the attention of EBA. Article 19(4) of Regulation (EU) No 1093/2010 shall apply in such situations mutatis mutandis.

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