Question ID
2024_7210
Legal act
Regulation (EU) No 2023/1114 (MiCAR)
Topic
Own Funds (MiCAR)
Article
35
Paragraph
1
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
Not applicable
Type of submitter
Individual
Subject matter
Own funds requirement for asset-referenced token issuers
Question

Are issuers of asset-referenced tokens, who are exempt from authorization requirement pursuant to Article 16(2) of MiCAR, subject to the own funds requirement pursuant to Article 35(1) of MiCAR?

Background on the question

It is not clear if the own funds requirement pursuant to Article 35 of MiCAR applies also in case where the issuer is exempt from the authorization requirement pursuant to Article 16(2) of MiCAR.

Submission date
Rejected publishing date
Rationale for rejection

This question has been rejected because the issue it deals with is already explained or addressed in the regulatory framework. In particular, please see Article 16 and Article 17(4) of Regulation (EU) 2023/1114 (MiCAR).

For further information on the purpose of this tool and on how to submit questions, please see “Additional background and guidance for asking questions”.

Status
Rejected question