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Article 5 - Record-keeping in relation to the safekeeping of clients’ crypto-assets and funds

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.

2.

Crypto-asset service providers shall maintain their records in a way that ensures that they may be used for auditing purposes as records.

3.

Such records shall include the following:

(a)

records that readily identify the balances of crypto-assets and funds held for each client;

(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;

(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;

(d)

details of third parties carrying out any tasks outsourced in accordance with 2023 and details of the outsourced tasks;

(e)

names and functions of persons responsible for the safekeeping of clients’ crypto-assets and funds within the crypto-asset service provider;

(f)

agreements that establish client ownership over crypto-assets and funds.