ANNEX I
Info
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(a)
The nature of the crypto-asset service provider, based on the following elements:
(i)
the class designation referred to in Annex IV to Regulation (EU) 2023/1114;
(ii)
the average liquidity levels, or market depth, of crypto-assets available to trade on a trading platform for crypto-assets, where applicable;
(iii)
the role of the crypto-asset service provider in the financial system, including whether the crypto-asset service provider operates a trading platform for crypto assets and whether crypto-assets traded on its platform are traded on other trading platforms for crypto-assets.
(b)
Scale, by assessing the impact of the crypto-asset service provider on the orderly functioning of the markets based on the following elements, where applicable:
(i)
whether the crypto-asset service provider qualifies as significant as referred to 2023;
(ii)
the number of countries in which the crypto-asset service provider is conducting business activity;
(iii)
the number of clients;
(iv)
the number of active users;
(v)
the value of crypto-assets held in custody;
(vi)
the volume of transactions on a trading platform for crypto-assets;
(vii)
the number of transfers of crypto-assets conducted on behalf of clients;
(viii)
the number of orders executed on behalf of clients.
(c)
Complexity, by assessing the following elements, where applicable:
(i)
the structure of the crypto-asset service provider in terms of ownership and governance, and its organisational, operational, technical, physical, and geographical presence;
(ii)
the level of outsourcing of the crypto-asset service provider, and in particular whether any critical or important operational functions have been outsourced;
(iii)
the number and type of distributed ledgers used in the execution of services;
(iv)
the number of DLT network nodes the crypto-asset service provider operates on one or multiple distributed ledger(s);
(v)
the number and type of smart contracts deployed and maintained by the crypto-asset service provider;
(vi)
how the private cryptographic keys of clients or other means of accessing crypto-assets are secured under safekeeping;
(vii)
the use of software and hardware-based custodial wallets or wallets that secure cryptographic keys using multiple fiduciaries.
For the purposes of points (b)(iii) to (viii), the crypto-asset service provider shall use for the self-assessment the daily average over a one-year reference period.# Table 1 in anx_1
| (a) | The nature of the crypto-asset service provider, based on the following elements:(i)the class designation referred to in Annex IV to Regulation (EU) 2023/1114;(ii)the average liquidity levels, or market depth, of crypto-assets available to trade on a trading platform for crypto-assets, where applicable;(iii)the role of the crypto-asset service provider in the financial system, including whether the crypto-asset service provider operates a trading platform for crypto assets and whether crypto-assets traded on its platform are traded on other trading platforms for crypto-assets. | (i) | the class designation referred to in Annex IV to Regulation (EU) 2023/1114; | (ii) | the average liquidity levels, or market depth, of crypto-assets available to trade on a trading platform for crypto-assets, where applicable; | (iii) | the role of the crypto-asset service provider in the financial system, including whether the crypto-asset service provider operates a trading platform for crypto assets and whether crypto-assets traded on its platform are traded on other trading platforms for crypto-assets. |
|---|---|---|---|---|---|---|---|
| (i) | the class designation referred to in Annex IV to Regulation (EU) 2023/1114; | ||||||
| (ii) | the average liquidity levels, or market depth, of crypto-assets available to trade on a trading platform for crypto-assets, where applicable; | ||||||
| (iii) | the role of the crypto-asset service provider in the financial system, including whether the crypto-asset service provider operates a trading platform for crypto assets and whether crypto-assets traded on its platform are traded on other trading platforms for crypto-assets. |
Table 2 in anx_1
| (i) | the class designation referred to in Annex IV to Regulation (EU) 2023/1114; |
|---|
Table 3 in anx_1
| (ii) | the average liquidity levels, or market depth, of crypto-assets available to trade on a trading platform for crypto-assets, where applicable; |
|---|
Table 4 in anx_1
| (iii) | the role of the crypto-asset service provider in the financial system, including whether the crypto-asset service provider operates a trading platform for crypto assets and whether crypto-assets traded on its platform are traded on other trading platforms for crypto-assets. |
|---|
Table 5 in anx_1
| (b) | Scale, by assessing the impact of the crypto-asset service provider on the orderly functioning of the markets based on the following elements, where applicable:(i)whether the crypto-asset service provider qualifies as significant as referred to Article 85 of Regulation (EU) 2023/1114;(ii)the number of countries in which the crypto-asset service provider is conducting business activity;(iii)the number of clients;(iv)the number of active users;(v)the value of crypto-assets held in custody;(vi)the volume of transactions on a trading platform for crypto-assets;(vii)the number of transfers of crypto-assets conducted on behalf of clients;(viii)the number of orders executed on behalf of clients. | (i) | whether the crypto-asset service provider qualifies as significant as referred to Article 85 of Regulation (EU) 2023/1114; | (ii) | the number of countries in which the crypto-asset service provider is conducting business activity; | (iii) | the number of clients; | (iv) | the number of active users; | (v) | the value of crypto-assets held in custody; | (vi) | the volume of transactions on a trading platform for crypto-assets; | (vii) | the number of transfers of crypto-assets conducted on behalf of clients; | (viii) | the number of orders executed on behalf of clients. |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| (i) | whether the crypto-asset service provider qualifies as significant as referred to Article 85 of Regulation (EU) 2023/1114; | ||||||||||||||||
| (ii) | the number of countries in which the crypto-asset service provider is conducting business activity; | ||||||||||||||||
| (iii) | the number of clients; | ||||||||||||||||
| (iv) | the number of active users; | ||||||||||||||||
| (v) | the value of crypto-assets held in custody; | ||||||||||||||||
| (vi) | the volume of transactions on a trading platform for crypto-assets; | ||||||||||||||||
| (vii) | the number of transfers of crypto-assets conducted on behalf of clients; | ||||||||||||||||
| (viii) | the number of orders executed on behalf of clients. |
Table 6 in anx_1
| (i) | whether the crypto-asset service provider qualifies as significant as referred to Article 85 of Regulation (EU) 2023/1114; |
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Table 7 in anx_1
| (ii) | the number of countries in which the crypto-asset service provider is conducting business activity; |
|---|
Table 8 in anx_1
| (iii) | the number of clients; |
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Table 9 in anx_1
| (iv) | the number of active users; |
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Table 10 in anx_1
| (v) | the value of crypto-assets held in custody; |
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Table 11 in anx_1
| (vi) | the volume of transactions on a trading platform for crypto-assets; |
|---|
Table 12 in anx_1
| (vii) | the number of transfers of crypto-assets conducted on behalf of clients; |
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Table 13 in anx_1
| (viii) | the number of orders executed on behalf of clients. |
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Table 14 in anx_1
| (c) | Complexity, by assessing the following elements, where applicable:(i)the structure of the crypto-asset service provider in terms of ownership and governance, and its organisational, operational, technical, physical, and geographical presence;(ii)the level of outsourcing of the crypto-asset service provider, and in particular whether any critical or important operational functions have been outsourced;(iii)the number and type of distributed ledgers used in the execution of services;(iv)the number of DLT network nodes the crypto-asset service provider operates on one or multiple distributed ledger(s);(v)the number and type of smart contracts deployed and maintained by the crypto-asset service provider;(vi)how the private cryptographic keys of clients or other means of accessing crypto-assets are secured under safekeeping;(vii)the use of software and hardware-based custodial wallets or wallets that secure cryptographic keys using multiple fiduciaries. | (i) | the structure of the crypto-asset service provider in terms of ownership and governance, and its organisational, operational, technical, physical, and geographical presence; | (ii) | the level of outsourcing of the crypto-asset service provider, and in particular whether any critical or important operational functions have been outsourced; | (iii) | the number and type of distributed ledgers used in the execution of services; | (iv) | the number of DLT network nodes the crypto-asset service provider operates on one or multiple distributed ledger(s); | (v) | the number and type of smart contracts deployed and maintained by the crypto-asset service provider; | (vi) | how the private cryptographic keys of clients or other means of accessing crypto-assets are secured under safekeeping; | (vii) | the use of software and hardware-based custodial wallets or wallets that secure cryptographic keys using multiple fiduciaries. |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| (i) | the structure of the crypto-asset service provider in terms of ownership and governance, and its organisational, operational, technical, physical, and geographical presence; | ||||||||||||||
| (ii) | the level of outsourcing of the crypto-asset service provider, and in particular whether any critical or important operational functions have been outsourced; | ||||||||||||||
| (iii) | the number and type of distributed ledgers used in the execution of services; | ||||||||||||||
| (iv) | the number of DLT network nodes the crypto-asset service provider operates on one or multiple distributed ledger(s); | ||||||||||||||
| (v) | the number and type of smart contracts deployed and maintained by the crypto-asset service provider; | ||||||||||||||
| (vi) | how the private cryptographic keys of clients or other means of accessing crypto-assets are secured under safekeeping; | ||||||||||||||
| (vii) | the use of software and hardware-based custodial wallets or wallets that secure cryptographic keys using multiple fiduciaries. |
Table 15 in anx_1
| (i) | the structure of the crypto-asset service provider in terms of ownership and governance, and its organisational, operational, technical, physical, and geographical presence; |
|---|
Table 16 in anx_1
| (ii) | the level of outsourcing of the crypto-asset service provider, and in particular whether any critical or important operational functions have been outsourced; |
|---|
Table 17 in anx_1
| (iii) | the number and type of distributed ledgers used in the execution of services; |
|---|
Table 18 in anx_1
| (iv) | the number of DLT network nodes the crypto-asset service provider operates on one or multiple distributed ledger(s); |
|---|
Table 19 in anx_1
| (v) | the number and type of smart contracts deployed and maintained by the crypto-asset service provider; |
|---|
Table 20 in anx_1
| (vi) | how the private cryptographic keys of clients or other means of accessing crypto-assets are secured under safekeeping; |
|---|
Table 21 in anx_1
| (vii) | the use of software and hardware-based custodial wallets or wallets that secure cryptographic keys using multiple fiduciaries. |
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