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🔗 Back to Summary. 🇫🇷 French Version: 2025R0305_FR.12. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 11 – Complaints-handling procedures ⬅️ | ➡️ Article 13 – Operating rules of the trading platform and market abuse detection
Références LVL1 <=> LVL2
Level 1 reference(s): 2023R1114_EN.62 > 5
Article 12 - Custody and administration policy
For the purposes of Article 62(2), point (m), of Regulation (EU) 2023/1114, applicants that intend to provide custody and administration of crypto-assets on behalf of clients shall provide to the competent authority all of the following information:
(a)
a description of the arrangements linked to the type of custody offered to clients, a copy of the applicant’s standard agreement for the custody and administration of crypto-assets on behalf of clients pursuant to 2023and a copy of the summary of the custody policy made available to clients in accordance with 2023;
(b)
the applicant’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 a description of:
(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 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 ensuring the exercise of the rights attached to the crypto-assets by the clients;
(iv)
the procedures 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 of 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 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 conflicts of interest that could arise from such a delegation;
(iii)
a description of how the applicant intends to supervise the delegations or sub-delegations.