Application for authorisation to offer asset-referenced tokens to the public and to seek their admission to trading

Information to be provided to the competent authority

Field

Sub-field (short description of the referred provision)

Commission Delegated Regulation (EU) 2025/1125 (1)

1

Type of application

1

Has the applicant issuer previously been granted an authorisation to offer to the public or to seek admission to trading of an asset-referenced token by the competent authority?

☐ Yes

☐ No

If yes, please submit only the information that has changed since the submission of application for authorisation, which has been granted

Article 18(3) of Regulation (EU) 2023/1114

2

Does the application include the request for voluntary classification of the asset-referenced token as significant asset-referenced token?

☐ Yes

☐ No

Article 3(4) of [Delegated Regulation laying down regulatory technical standards specifying the information to be contained in an application for authorisation to offer to the public or admit to trading asset-referenced tokens]

2.1

Contact persons for the application

1

Full name and contact details of the person within the applicant issuer to contact regarding the application

Article 1(1), points (j) and (k)

2

Full name and contact details of the principal professional adviser (where applicable)

2.2

Identification of the applicant:

1

Is the applicant issuer a legal person?

☐ Yes

☐ No

If yes, please submit information set out in sub-fields 2 and 4; if no, please submit the information set out in sub-fields 2, 3, and 4

2

Full legal name, trading name(s), internet address(es), marketing channels and logo(s), and any envisaged changes where applicable. For legal persons under the scope of Directive (EU) 2017/1132 of the European Parliament and of the Council (2), the legal name shall be the company name as resulting in the national business register referred to in Article 16 of Directive (EU) 2017/1132.

Article 1(1), point (a)

A legal entity identifier released in accordance with the terms of any of the accredited Local Operating Units of the Global Legal Entity Identifier System

Article 1(1), point (b)

Legal form, date and Member State of incorporation or formation, address(es). For legal persons under the scope of Directive (EU) 2017/1132, this information shall match the information resulting in the national business register referred to in Article 16 of Directive (EU) 2017/1132.

Article 1(1), points (c), (d) and (e)

Registration details in the relevant register, where applicable, and copy of the registration certificate. For legal persons under the scope of Directive (EU) 2017/1132, the registration details shall be the company registration number and the EUID as resulting in the national business register referred to in Article 16 of Directive (EU) 2017/1132.

Article 1(1), point (f)

Instruments of constitution or statute and the articles of association

Article 1(1), point (g)

3

where the applicant issuer is an undertaking that is not a legal person, documentation certifying equivalent protection of third-party interests and of equivalent prudential supervision

Article 1(1), point (h)

4

Date of accounting year end

Article 1(1), point (i)

3.1

Programme of operations: information on the business model, strategy and risk profile

1

Main features of the asset-referenced token for which the authorisation to offer to the public and for admission to trading is sought, including all the information requirements set out in the relevant provision, including the type of token, the object of the authorisation, legal opinion on the qualification of the asset-referenced token in accordance with Article 18(2), point (e), of Regulation (EU) 2023/1114, mechanism of issuance and of redemption, the indication of the distributors, the policy on the appointment of other entities for the public offer or admission to trading, the protocol used, the distributed ledger(s) technology (DLT) where the token is issued and the bridges between such DLT.

Article 2(2), point (a)(i), points (1) to (7)

2

Information on any outstanding issuance of crypto-assets or other digital assets of the applicant issuer, and any other financial and non-financial activities of the applicant issuer

Article 2(2), points (a)(ii) and (iii)

3

Where applicable, description of the group and of the activities of the group entities

Article 2(2), point (a) (iv)

4

Description of the business environment where the applicant issuer will operate

Article 2(2), point (b)

5

Description of the applicant issuer’s overall business strategy, the list of host Member States where the applicant issuer intends to offer the asset-referenced token to the public or where admission to trading is sought, and, where applicable, the group strategy and risk assessment of the business plan.

Article 2(2), point (c)

3.2

Programme of operations: financial forecast information, and past financial information

1

Forecast financial information: accounting plans for three years following the granting of authorisation on a baseline and stress scenario basis, the related planning assumptions, and an explanation linking the description of the business activities.

Article 3(5) points (a) and (b)

2

Calculation of the own funds requirements for three year business plan time horizon

Article 3(5), point (d) and (e)

3

Calculation of the amount and composition of the reserve of assets and their adequacy to ensure the permanent exercise of the redemption rights throughout the business time horizon

Article 3(5), point (f)

4

Past financial information at individual, consolidated and sub-consolidated level, as applicable

Article 3(6)

4.1

Internal governance arrangements and structural organisation

1

Chart of the organisational structure, terms of reference of the management body, description of foreseen number and profile of human resources and technological resources, reporting procedure and arrangements, code of conduct, description of:

Article 4(1)

2

The names and contact details of all third-party service providers and a description of each such arrangement

Article 4(2)

4.2

Internal control framework: general aspects

1

Comprehensive description of the applicant’s internal control framework including:

Article 5(1), points (a) to (d)

2

An explanation of the governance arrangements implemented to ensure the separation and adequate segregation of duties of the business lines and units from the internal control functions, and independence of the internal control functions.

Article 5(1), point (e)

4.3

Internal control framework: ICT risk management

1

Documented description of the ICT risk management framework, including ICT systems, protocols and tools demonstrating that they comply with Article 6(1) and (7) and Article 9(4) of Regulation (EU) 2022/2554 of the European Parliament and of the Council (3)

Article 5(2), points (a), (b) and (c)

2

Comprehensive description of the ICT process and systems showing the ability to provide the applicant issuer with reliable information and data to support data reporting requirements

Article 5(2), point (d)

3

A description of the business continuity plan and policy ensuring the issuer’s ability to operate on an ongoing basis and to limit losses in the event of severe business disruption

Article 5(3)

4.4

Internal control framework – Proprietary DLT or similar technology

1

Does the applicant issue, transfer or store asset-referenced tokens in a proprietary DLT or a similar technology operated by the issuer or by a third- party acting on its behalf?

☐ Yes

☐ No

If yes, please submit information set out in sub-field 2.

Article 5(4)

2

The policy and procedure on the functioning of the DLT or similar technology covering:

Article 5(4), points (a) to (e)

4.5

Internal control framework: AML/CFT

1

Where cooperation arrangements between the applicant and specific crypto-assets service providers are envisaged, or where the applicant is a crypto-asset service provider, a detailed description by the crypto-asset service provider of its internal control mechanisms and procedures in compliance with the obligations under Directive (EU) 2015/849 of the European Parliament and of the Council (4) or Regulation (EU) 2023/1113 of the European Parliament and of the Council (5), including a forward-looking assessment of the continuous compliance with such obligations for the time horizon of the applicant issuer’s business plan

Article 5(5)

5

Liquidity management, reserve assets and redemption rights

1

Article 6(1)

2

The name of the external consultant who will be in charge of the independent audit on the reserve of assets every six months

Article 6(1), point (c)

3

The liquidity management policy and procedures, the reporting lines to the management body and how the management body’s responsibility for the prudent management of the reserve of assets will be ensured

Article 6(1) second subparagraph

4

Clear and detailed policy and procedures ensuring that the rights of redemption in accordance with Article 39 of Regulation (EU) 2023/1114 will be met, an outline of the recovery plan to be developed in accordance with Article 46 of Regulation (EU) 2023/1114 and an outline of the redemption plan to be submitted in accordance with Article 47 of that Regulation

Article 6(2)

6

Members of the management body: identity and proof of good repute, knowledge, skills and experience

Information included in field 6, sub-fields 1-5 to be submitted for each member of the management body

1

Full name, name at birth, place and date of birth, address and contact details of the current place of residence, nationality or nationalities, identification number, copy of ID card

Article 7(1), points (a), (b), (c)

2

Curriculum vitae, including details of the position held, start date and duration of mandate, description of key duties and responsibilities

Article 7(1), point (d)

3

Personal history, including all the following, in respect of the nationality or nationalities held by the person, and of the person’s places of residence of the last 10 years:

Article 7(1), point (e)

4

Description of all financial and non-financial interests with person indicated which would materially affect the perceived trustworthiness of the member

Article 7(1), point (f)

5

Information on time commitment

Article 7(1), point (g)

6

Results of any suitability assessment of each member of the management board performed by the applicant and statement of the collective suitability of the management body

Article 7(2) and (3)

7

Shareholders and members with direct and indirect qualifying holdings in the applicant: information on their sufficiently good repute

Information included in fields 7.1–7.3 to be submitted for each shareholder or member with direct or indirect qualifying holdings in the applicant

1

Identification of shareholders and members:

A chart setting out the holding structure of the applicant with breakdown of its capital and voting rights and the names of the shareholders or members with qualifying holdings

Article 8, point (a)

2

Does the holding structure of the applicant include shareholders acting in concert?

☐ Yes

☐ No

7.1

Information on shareholders and members with direct or indirect qualifying holdings that are natural persons

1

Information about the identity and the integrity of direct or indirect shareholders or members that are natural persons:

Article 8, point (b)(i)

7.2

Information on shareholders and member with direct or indirect qualifying holdings that are legal persons

1

Information about the identity and integrity of direct or indirect shareholders or members that are legal persons:

Article 8, point (b)(ii)

7.3

Information common to shareholders and members with direct or indirect qualifying holdings that are natural or legal persons

1

Identity and information on the members of the management body of the applicant who have been or will be appointed by the shareholder or member with qualifying holdings

Article 8, point (c)

2

Information on the qualifying holding (number and type of shares or other holdings subscribed, the nominal value, any premium paid or to be paid, any security interests or encumbrances created over such shares or other holdings, including the identity of the secured parties).

Article 8, point (d)

3

Information on the intention with regard to the qualifying holding (strategic investment, portfolio management)

Information on actions in concert with other parties, including the contribution of those other parties to the financing of the proposed acquisition

Content of intended shareholder’s agreements relating to the governance of the issuer with other shareholders in relation to the target entity

Article 8, point (e)

4

Information on the financing of the acquisition of the qualifying holding and of the business of the applicant to prove their legitimate origin, in accordance with Article 8 of Delegated Regulation (EU) 2025/413.

Article 8, point (f)