MiCA Regulation [Eurolex]

Art. 16 - Authorisation Art. 17 - Requirements for banks Art. 18 - Application for authorisation Art. 19 - Whitepaper Art. 20 - Assessment of application Art. 21 - Refusal of authorisation Art. 22 - Reporting on stablecoins Art. 23 - Restrictions on mass stablecoins Art. 24 - Withdrawal of the authorisation Art. 25 - Modification of whitepaper Art. 26 - Liability for whitepaper Art. 27 - Best interest Art. 28 - Whitepaper Art. 29 - Marketing Art. 30 - Ongoing information Art. 31 - Complaints-handling Art. 32 - Conflicts of interest Art. 33 - Changes of management Art. 34 - Governance arrangements Art. 35 - Own funds requirements Art. 36 - Reserve assets Art. 37 - Custody of reserve assets Art. 38 - Investment of the reserves Art. 39 - Right of redemption Art. 40 - Prohibition of granting interest Art. 41 - Acquisition of issuers: Assessment Art. 42 - Acquisitions of issuers: Content Art. 43 - Significant stablecoins Art. 44 - Voluntary significant stablecoins Art. 45 - Obligations for significant stablecoins Art. 46 - Recovery plan Art. 47 - Redemption plan
Art. 59 - Authorisation Art. 60 - Services by licensed entities Art. 61 - Reverse solicitation Art. 62 - Application for authorisation Art. 63 - Assessment of application Art. 64 - Withdrawal of authorisation Art. 65 - Cross-border services Art. 66 - Honest, fair, professional Art. 67 - Prudential requirements Art. 68 - Governance arrangements Art. 69 - Information to authorities Art. 70 - Custody Art. 71 - Complaints-handling procedures Art. 72 - Conflicts of interest Art. 73 - Outsourcing Art. 74 - Orderly wind-down Art. 75 - Custody and administration Art. 76 - Trading platforms Art. 77 - Exchange Art. 78 - Best execution Art. 79 - Placing of crypto-assets Art. 80 - Reception and transmission of orders Art. 81 - Advice and Portfolio Management Art. 82 - Transfers Art. 83 - Acquisitions: Assessment Art. 84 - Acquisitions: Content Art. 85 - Significant service providers
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
Art. 143 - Transitional measures

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Article 92 - Prevention and detection

(Official title: Prevention and detection of market abuse)

  1. Any person professionally arranging or executing transactions in crypto-assets shall have in place effective arrangements, systems and procedures to prevent and detect market abuse. That person shall be subject to the rules of notification of the Member State where it is registered or has its head office or, in the case of a branch, the Member State where the branch is situated, and shall without delay report to the competent authority of that Member State any reasonable suspicion regarding an order or transaction, including any cancellation or modification thereof, and other aspects of the functioning of the distributed ledger technology such as the consensus mechanism, where there might exist circumstances indicating that market abuse has been committed, is being committed or is likely to be committed.

    The competent authorities receiving a report of suspicious orders or transactions shall transmit such information immediately to the competent authorities of the trading platforms concerned.

  2. ESMA shall develop draft regulatory technical standards to further specify:

    (a) appropriate arrangements, systems and procedures for persons to comply with paragraph 1;

    (b) the template to be used by persons to comply with paragraph 1;

    (c) for cross-border market abuse situations, coordination procedures between the relevant competent authorities for the detection and sanctioning of market abuse.

    ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 30 December 2024.

    Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

  3. In order to ensure consistency of supervisory practices under this Article, ESMA shall by 30 June 2025 issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 on supervisory practices among the competent authorities to prevent and detect market abuse, if not already covered by the regulatory technical standards referred to in paragraph 2.

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