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🔗 Back to Summary. 🇫🇷 French Version: 2025R0303_FR.6. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 5 – Segregation and safekeeping of clients’ crypto-assets and funds ⬅️ | ➡️ Article 7 – Operating rules of the trading platform and market abuse detection
Références LVL1 <=> LVL2
Level 1 reference(s): 2023R1114_EN.60 > 13
Article 6 - Custody and administration policy
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:
(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 2023 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;
(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:
(i)
the policies and procedures, and a description of the arrangements to comply with 2023;
(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;
(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;
(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;
(c)
information on how the crypto-assets and the means of access to the crypto-assets of the clients are identified;
(d)
information on arrangements to minimise the risk of loss of crypto-assets or means of access to crypto-assets;
(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:
(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 2023;
(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;
(iii)
a description of how the notifying entity intends to supervise the delegations or sub-delegations.