In this act Article 5 of 18
Article 5 — Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds
Financial servicesLevel 2RTSMiCAIn forceOfficial source
5(1)Copy link
1.Crypto-asset service providers shall keep records enabling them to distinguish, at any time and without delay, crypto-assets and funds held for one client from crypto-assets and funds held for any other client and from their own assets.
5(2)Copy link
2.Crypto-asset service providers shall maintain their records in a way that ensures that they may be used for auditing purposes as records.
5(3)(a)
a)records that readily identify the balances of crypto-assets and funds held for each client;
Copy link5(3)(b)
b)where clients’ funds are held by crypto-asset service providers in accordance with Article 70(2) and (3) of Regulation (EU) 2023/1114, details of the accounts in which those funds are held and the relevant agreements between the crypto-assets service provider with the credit institutions or central banks with which the clients’ funds are placed;
Copy link5(3)(c)
c)details of the accounts opened with third parties holding crypto-assets for the crypto-assets service provider and of the outsourcing agreements with those third parties;
Copy link5(3)(d)
d)details of third parties carrying out any tasks outsourced in accordance with Article 73 of Regulation (EU) 2023/1114 and details of the outsourced tasks;
Copy link5(3)(e)
e)names and functions of persons responsible for the safekeeping of clients’ crypto-assets and funds within the crypto-asset service provider;
Copy linkSECTION 3 — Record-keeping of orders and transactions