Commission Implementing Regulation (EU) 2025/306 of 31 October 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to standard forms, templates and procedures for the information to be included in the application for authorisation as a crypto-asset service provider
Date: 2024-10-31
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: consumer protection, electronic money, exchange of information, financial legislation, form, intangible asset, issuing of currency, market supervision, technical standard, virtual currency




L_202500306EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/306


31.3.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/306
of 31 October 2024
         
laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to standard forms, templates and procedures for the information to be included in the application for authorisation as a crypto-asset service provider
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to the Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (1), and in particular Article 62(6), third subparagraph thereof,

Whereas:







(1)


To facilitate communication between legal persons or other undertakings seeking authorisation as a crypto-asset service providers in accordance with Article 62 of Regulation (EU) 2023/1114 (‘applicants’) and competent authorities, competent authorities should designate a contact point specifically for receiving the applications for authorisation as a crypto-asset service provider and should publish the information on the contact point on their website.












(2)


The information submitted by the applicant should be true, accurate, complete and up-to-date from the moment of submission of the application until the moment of granting the authorisation. Given that some information may only refer to the future, any future date included in the information should be specifically identified in the application.












(3)


To ensure a prompt and timely handling of applications for the authorisation of crypto-asset service providers, competent authorities should confirm the receipt of the application by sending electronically, on paper, or in both forms, an acknowledgement of receipt to the applicant. That acknowledgement of receipt should include the contact details of the persons or function in charge of handling the application for authorisation.












(4)


To allow competent authorities to base their assessment of the application for authorisation on accurate information, applicants should communicate to competent authorities any changes to the information provided in the application for authorisation, without undue delay. In that case, the time limits for the assessment of the application laid down in Article 63(9) of Regulation (EU) 2023/1114 should start from the date on which the updated information is received by the competent authority.












(5)


Competent authorities should be able to request additional information from the applicant during the assessment in accordance with the criteria and timelines laid down in Article 63(12) of Regulation (EU) 2023/1114.












(6)


This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Securities and Markets Authority, in close cooperation with the European Banking Authority.












(7)


The European Securities and Markets Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),





HAS ADOPTED THIS REGULATION:



Article 1

Designation of a contact point

Competent authorities shall designate a contact point for receiving the applications for authorisation as a crypto-asset service provider in accordance with Article 62 of Regulation (EU) 2023/1114.
Competent authorities shall keep the contact details of the designated contact point up-to-date and shall make those contact details public on their websites.


Article 2

Submission of the application for authorisation


1.   A legal person or other undertaking seeking authorisation as a crypto-asset service provider in accordance with Article 62 of Regulation (EU) 2023/1114 (‘applicant’) shall submit to the competent authority its application for authorisation by filling in the form set out in the Annex of this Regulation.


2.   The legal person or other undertaking shall submit the application in a manner which enables storage of information so that it is accessible for future reference and that allows the reproduction of the information stored.



Article 3

Receipt of the application for authorisation and acknowledgement of receipt

Competent authorities shall send electronically, on paper, or in both forms, an acknowledgement of receipt to the applicant. That acknowledgement of receipt shall include the contact details of the department, function or staff member of the competent authority handling the application.


Article 4

Notification of changes


1.   The applicant shall notify the competent authority of any changes to the information provided in the application for authorisation without undue delay. The applicant shall provide the updated information by using the form set out in the Annex.


2.   Where the applicant provides updated information in accordance with paragraph 1, the time limit laid down in Article 63(9) of Regulation (EU) 2023/1114 shall start from the date of receipt of that updated information by the competent authority.


3.   Crypto-asset service providers shall notify the competent authority of any changes to the information based on which the authorisation was granted.



Article 5

Communication of the decision

Competent authorities shall notify the applicant of their decision granting or refusing the authorisation, as referred to in Article 63(9) of Regulation (EU) 2023/1114, in paper form, by electronic means or both.


Article 6

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 150, 9.6.2023, p. 40, ELI: http://data.europa.eu/eli/reg/2023/1114/oj.

(2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84, ELI: http://data.europa.eu/eli/reg/2010/1095/oj).




ANNEX

APPLICATION FORM FOR AUTHORISATION AS A CRYPTO-ASSET SERVICE PROVIDER

In accordance with Article 2 and 4 of Commission Implementing Regulation (EU) 2025/306 of 31 October 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 with regard to standard forms, templates and procedures for the information to be included in the application for authorisation as a crypto-asset service provider (1).





Reference number (to be completed by the competent authority):

Date:
FROM
Name of the applicant:
Address of the applicant / applicant’s registered office:

Contact details of the designated contact person

Name:
Telephone:
Email:
TO
Member State (if applicable):
Competent authority:
Address:

Contact details of the designated contact point

Name:
Telephone:
Email:
We, [insert applicant’s name] declare that the submitted information is true, accurate, complete, up to date, and not misleading. If some information relates only to a future date, it is explicitly identified in the application and we undertake to notify the authority in writing without delay if any such information should turn out to be inaccurate, incomplete or misleading. Further, we undertake to inform the competent authority of any change concerning the information provided in this form.

Person in charge of preparing the application

Name:
Status/position:
Telephone:
Email:






—


Nature of the communication (tick the relevant box)






—


☐ Authorisation










—


☐ Notification of changes pursuant to Article 4(1) of Implementing Regulation (EU) 2025/306 (in case of notification of changes, only the relevant parts of the form which are amended should be filled)








REQUIRED INFORMATION
General information according to Article 1 of Commission Delegated Regulation (EU) 2025/305 (2)

…
Programme of operations according to Article 2 of Delegated Regulation (EU) 2025/305
…

Prudential requirements

…
Please insert the information referred to in Article 3 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Information about governance arrangements and internal control mechanisms

…
Please insert the information referred to in Article 4 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Business continuity

…
Please insert the information referred to in Article 5 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Detection and prevention of money laundering and terrorist financing

…
Please insert the information referred to in Article 6 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Identity and proof of good repute, knowledge, skills, and experience and of sufficient time commitment of the members of the management body

…
Please insert the information referred to in Article 7 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Information relating to shareholders or members with qualifying holdings

…
Please insert the information referred to in Article 8 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

ICT systems and related security arrangements

…
Please insert the information referred to in Article 9 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Segregation of clients’ crypto-assets and funds

…
Please insert the information referred to in Article 10 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Complaints-handling

…
Please insert the information referred to in Article 11 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Custody and administration policy

…
Please insert the information referred to in Article 12 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Operating rules of the trading platform and market abuse detection

…
Please insert the information referred to in Article 13 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Exchange of crypto-assets for funds or other crypto-assets

…
Please insert the information referred to in Article 14 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Execution policy

…
Please insert the information referred to in Article 15 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Provision of advice or portfolio management on crypto-assets

…
Please insert the information referred to in Article 16 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.

Transfer services

…
Please insert the information referred to in Article 17 of Delegated Regulation (EU) 2025/305, by setting out that information here or making reference to the relevant sections of the application.
[signature of legal representative]







(1)  
            OJ L, 2025/306, 31.3.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/306/oj.

(2)  Commission Delegated Regulation (EU) 2025/305 of 31 October 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be included in an application for authorisation as a crypto-asset service provider (OJ L, 2025/305, 31.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/305/oj).



ELI: http://data.europa.eu/eli/reg_impl/2025/306/oj
ISSN 1977-0677 (electronic edition)