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# Article 6 — Policies and procedures on conflicts of interest in the context of personal transactions

**Commission Delegated Regulation (EU) 2025/1142 · binding · OJ L, 2025/1142, 10.6.2025 · dated 27 Feb 2025 [in force]**

*In force · Commission Delegated Regulation (EU) 2025/1142, OJ L, 2025/1142, 10.6.2025 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/eli/reg_del/2025/1142/oj/eng)*

1. Conflict of interest policies and procedures shall ensure that transactions resulting in a position in or exposure to a crypto-asset effected by or on behalf of a connected person are subject to close scrutiny and monitoring where at least one of the following criteria are met:\
   a) the connected person is acting outside the scope of the activities that the connected person carries out in its professional capacity;\
   b) the transaction is carried out for the account of any of the following persons:\
   i) the connected person;\
   ii) any person with whom a connected person has a family relationship or [close links](https://www.headlesslaw.com/definitions/mica/close-links) as referred to in [Article 3(1)](../../articles/3.md), point (31), of Regulation (EU) 2023/1114;\
   iii) a person from whom the connected person can expect to obtain a direct or indirect material advantage linked to the outcome of the transaction, other than a fee or a commission for the execution of the transaction.\
   For the purposes of the first subparagraph, point (b)(ii), person with whom a connected person has a family relationship shall mean any of the following:\
   a) the spouse of the connected person or any partner of that person considered by national law as equivalent to a spouse;\
   b) a dependent child or stepchild of the connected person;\
   c) any other relative of the connected person who has shared the same household as that person for at least 1 year during the 5 years preceding the date of the personal transaction concerned.\\
2. In relation to the transactions referred to in paragraph 1, the policies and procedures shall ensure that:\
   a) with respect to the decision to execute such transactions:\
   i) such transactions are identified by or notified to the person responsible for the management of conflicts of interest before a decision on the execution of the transaction and its conditions is taken and that such transactions are documented;\
   ii) decisions to enter into such transactions are taken objectively, in the interest of each party;\
   iii) the conditions for the transaction are equivalent to the conditions that would have applied between independent parties for the same transactions in the absence of a conflict of interest.\
   b) decision-making processes for entering into those transactions are set out and that thresholds, expressed as the volume of the transaction, above which such a transaction requires the approval by the management body are established;\
   c) employees and members of the management body are aware of the rules applied on those transactions, and of the measures established by the crypto-asset service provider in relation to them;\
   d) the crypto-asset service provider is informed promptly of any of those transactions;\
   e) a record is kept of the transaction identified or notified to the crypto-asset service provider, specifying the date and time of the transaction, the conditions, its volume, the counterparty and any authorisation or prohibition in connection with that transaction.\\
