Article 122 — Request for information
Financial servicesLevel 1RegulationMiCAApplies from 30 Dec 2024In force, but its rules apply only from the date shown.VerifiedIdentical to the official source.Official source
122(1)
1.In order to carry out its supervisory responsibilities under Article 117, EBA may by simple request or by decision require the following persons to provide all information necessary to enable EBA to carry out its duties under this Regulation:
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(a)an issuer of a significant asset-referenced token or a person controlling or being directly or indirectly controlled by an issuer of a significant asset-referenced token;
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(b)a third party as referred to in Article 34(5), first subparagraph, point (h), with which an issuer of a significant asset-referenced token has a contractual arrangement;
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(c)a crypto-asset service provider, credit institution or investment firm ensuring the custody of the reserve assets in accordance with Article 37;
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(d)an issuer of a significant e-money token or a person controlling or being directly or indirectly controlled by an issuer of a significant e-money token;
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(e)a payment service provider that provides payment services in relation to significant e-money tokens;
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(f)a natural or legal person in charge of distributing significant e-money tokens on behalf of an issuer of significant e-money tokens;
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(g)a crypto-asset service provider providing custody and administration of crypto-assets on behalf of clients in relation to significant asset-referenced tokens or significant e-money tokens;
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(h)an operator of a trading platform for crypto-assets that has admitted to trading a significant asset-referenced token or a significant e-money token;
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(e)inform the person from whom the information is requested that it is not obliged to provide the information but that, in the case of a voluntary reply to the request, the information provided is required to be correct and not misleading; and
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(f)indicate the fine provided for in Article 131, where the answers to questions asked are incorrect or misleading.
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3.When requiring the provision of information by decision pursuant to paragraph 1, EBA shall:
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(e)indicate the periodic penalty payments provided for in Article 132 where the production of information is required;
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(f)indicate the fine provided for in Article 131, where the answers to questions asked are incorrect or misleading;
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(g)indicate the right to appeal the decision before EBA’s Board of Appeal and to have the decision reviewed by the Court of Justice in accordance with Articles 60 and 61 of Regulation (EU) No 1093/2010.
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