In this act Article 8 of 9
Article 8 — Additional requirements in relation to placing
Financial servicesLevel 2RTSMiCAIn forceOfficial source
8(1)Copy link
1.For the purposes of identifying the types of conflict of interest that arise where the crypto-asset service provider provides placing services, crypto-asset service providers shall take into account, without prejudice to Article 79(2) of Regulation (EU) 2023/1114, the following situations:
8(1)(a)
a)the crypto-asset service provider is also offering pricing services in relation to the offer of crypto-assets;
Copy link8(1)(b)
b)the crypto-asset service provider is also providing execution of orders for crypto-assets on behalf of clients and research services;
Copy link8(1)(c)
c)the crypto-asset service provider is placing crypto-assets of which itself or an entity from its group is the issuer.\
Copy link8(2)Copy link
2.Crypto-asset service providers shall establish, implement and maintain internal arrangements to ensure all of the following:
8(2)(a)
a)that the pricing of the offer does not promote the interests of other clients of the crypto-asset service provider or the crypto-asset service provider’s own interests, in a way that may conflict with the issuer client’s interests;
Copy link8(2)(b)
b)that the pricing of the offer does not promote the interests of the issuer client’s, the crypto-asset service provider’s own interests or the interests of a connected person, in a way that may conflict with other clients’ interests;
Copy link8(2)(c)
c)the prevention of a situation where persons responsible for providing services to the crypto-asset service provider’s investment clients, or deciding which products should be included in the list of products offered or recommended by the crypto-asset service provider, are directly involved in decisions about pricing to the issuer client;
Copy link8(2)(d)
d)the prevention of a situation where persons responsible for providing services to the crypto-asset service provider’s investment clients are directly involved in decisions about recommendations to the issuer client on allocation;
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