In this act Article 6 of 12

Article 6 — Custody and administration policy

Financial servicesLevel 2RTSMiCAIn forceOfficial source

For the purposes of Article 60(7), point (e), of Regulation (EU) 2023/1114, the notifying entity shall provide to the competent authority the following information:

6(a)

a)a description of the arrangements linked to the type of custody offered to clients, a copy of the notifying entity’s standard agreement for the custody and administration of crypto-assets on behalf of clients pursuant to Article 75(1) of Regulation (EU) 2023/1114 and a copy of the summary of the custody policy made available to clients in accordance with Article 75(3) third subparagraph of that Regulation;

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6(b)

b)the notifying entity’s custody and administration policy, including a description of identified sources of operational and ICT risks for the safekeeping and control of the crypto-assets or the means of access to the crypto-assets of clients, together with the following:

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6(b)(i)

i)the policies and procedures, and a description of the arrangements to comply with Article 75(8) of Regulation (EU) 2023/1114;

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6(b)(ii)

ii)the policies and procedures, and a description of the systems and controls, to manage the operational and ICT risks, including where the custody and administration of crypto-assets on behalf of clients is outsourced to a third party;

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6(b)(iii)

iii)the policies and procedures relating to, and a description of, the systems to ensure the exercise of the rights attached to the crypto-assets by the clients;

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6(b)(iv)

iv)the policies and procedures relatig to, and a description of, the systems ensuring the return of crypto-assets or the means of access to the clients;

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6(c)

c)information on how the crypto-assets and the means of access to the crypto-assets of the clients are identified;

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6(d)

d)information on arrangements to minimise the risk of loss of crypto-assets or means of access to crypto-assets;

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6(e)

e)where the crypto-asset service provider has delegated the provision of custody and administration of crypto-assets on behalf of clients to a third-party:

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6(e)(i)

i)information on the identity of any third-party providing the service of custody and administration of crypto-assets and its status in accordance with Article 59 or Article 60 of Regulation (EU) 2023/1114;

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6(e)(ii)

ii)a description of any functions relating to the custody and administration of crypto-assets delegated by the crypto-asset service provider, the list of any delegates and sub-delegates, as applicable, and any conflict of interest that could arise from such a delegation;

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6(e)(iii)

iii)a description of how the notifying entity intends to supervise the delegations or sub-delegations.

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