In this act Article 2 of 9
Article 2 — General requirements
Financial servicesLevel 2RTSMiCAIn forceOfficial source
2(1)Copy link
1.Persons professionally arranging or executing transactions in crypto-assets shall establish and maintain arrangements, systems and procedures that ensure:
2(1)(a)
a)effective and ongoing monitoring, for the purposes of preventing, detecting and identifying orders and transactions where circumstances might exist indicating that market abuse has been committed, is being committed or is likely to be committed, of all orders received and transmitted, and all transactions in crypto-assets executed;
Copy link2(1)(b)
b)effective and ongoing monitoring of aspects of the functioning of the DLT, for the purposes of detecting and identifying other aspects of the functioning of the distributed ledger technology, including the consensus mechanism, where circumstances might exist indicating that market abuse has been committed, is being committed or is likely to be committed;
Copy link2(1)(c)
c)the transmission of STORs to competent authorities in accordance with the requirements set out in this Regulation and using the template set out in the Annex.\
Copy link2(2)Copy link
2.The obligations referred to in paragraph 1 shall apply to orders, transactions and other aspects of the functioning of the DLT which might constitute market abuse and shall apply irrespective of:
2(2)(c)
c)whether the orders were placed or transactions executed on or outside a trading platform.\
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3.Persons professionally arranging or executing transactions in crypto-assets shall ensure that the arrangements, systems and procedures referred to in paragraph 1 are:
2(3)(a)
a)appropriate and proportionate in relation to the scale, size and nature of their business activity;
Copy link2(3)(b)
b)regularly assessed, at least through an annually conducted audit and internal review, and updated when necessary;
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