Text as of 9 Jan 2024 · Consolidated version of 9 January 2024 · Same wording as today’s text.Today’s text
Article 125 — Exchange of information
Financial services★Level 1RegulationMiCAApplies from 30 Dec 2024In force, but its rules apply only from the date shown.·VerifiedIdentical to the official source.·Official source
1.In order to carry out EBA’s supervisory responsibilities under Article 117 and without prejudice to Article 96, EBA and the competent authorities shall provide each other with the information required for the purposes of carrying out their duties under this Regulation without undue delay. For that purpose, the competent authorities and EBA shall exchange any information related to:
(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;
(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;
(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;
2.A competent authority may refuse to act on a request to exchange information as provided for in paragraph 1 of this Article or a request for cooperation in carrying out an investigation or an on-site inspection as provided for in Articles 123 and 124, respectively, only where:
(a)complying with the request is likely to adversely affect its own investigation, enforcement activities or, where applicable, criminal investigation;
(b)judicial proceedings have already been initiated in respect of the same actions and against the same natural or legal persons before the courts of the Member State addressed;