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🔗 Back to Summary. 🇫🇷 French Version: 2025R1142_FR.8. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
1114 ⬅️ | ➡️ Article 9 – Entry into force
Références LVL1 <=> LVL2
Level 1 reference(s): 2023R1114_EN.72 > 5
Article 8 - Additional requirements in relation to placing
1.
For the purposes of identifying the types of conflict of interest that arise where the crypto-asset service provider provides placing services, crypto-asset service providers shall take into account, without prejudice to 2023, the following situations:
(a)
the crypto-asset service provider is also offering pricing services in relation to the offer of crypto-assets;
(b)
the crypto-asset service provider is also providing execution of orders for crypto-assets on behalf of clients and research services;
(c)
the crypto-asset service provider is placing crypto-assets of which itself or an entity from its group is the issuer.
2.
Crypto-asset service providers shall establish, implement and maintain internal arrangements to ensure all of the following:
(a)
that the pricing of the offer does not promote the interests of other clients of the crypto-asset service provider or the crypto-asset service provider’s own interests, in a way that may conflict with the issuer client’s interests;
(b)
that the pricing of the offer does not promote the interests of the issuer client’s, the crypto-asset service provider’s own interests or the interests of a connected person, in a way that may conflict with other clients’ interests;
(c)
the prevention of a situation where persons responsible for providing services to the crypto-asset service provider’s investment clients, or deciding which products should be included in the list of products offered or recommended by the crypto-asset service provider, are directly involved in decisions about pricing to the issuer client;
(d)
the prevention of a situation where persons responsible for providing services to the crypto-asset service provider’s investment clients are directly involved in decisions about recommendations to the issuer client on allocation;
(e)
the prevention of the exercise of staking rights without prior consent of the investment client.
3.
Crypto-asset service providers shall have in place a centralised procedure to identify all their placing operations, including the date on which the crypto-asset service provider was informed of potential placing operations.