home Member State

Definition of home Member State from Regulation (EU) 2023/1114, Article 3(1), point (33).

Defined term	home Member State
Source	MiCA
Reference	Article 3(1), point (33)
Status	Published
Refresh rule	Regenerate after source legal-text changes

Definition

(33) 'home Member State' means:

(a) where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens has its registered office in the Union, the Member State where that offeror or person has its registered office;

(b) where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens has no registered office in the Union but does have one or more branches in the Union, the Member State chosen by that offeror or person from among the Member States where it has branches;

(c) where the offeror or person seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens is established in a third country and has no branch in the Union, either the Member State where the crypto-assets are intended to be offered to the public for the first time or, at the choice of the offeror or person seeking admission to trading, the Member State where the first application for admission to trading of those crypto-assets is made;

(d) in the case of an issuer of asset-referenced tokens, the Member State where the issuer of asset-referenced tokens has its registered office;

(e) in the case of an issuer of e-money tokens, the Member State where the issuer of e-money tokens is authorised as a credit institution under Directive 2013/36/EU or as an electronic money institution under Directive 2009/110/EC;

(f) in the case of crypto-asset service providers, the Member State where the crypto-asset service provider has its registered office;

Source

MiCA, Article 3(1), point (33).

Used In MiCA

• Article 12
• Article 6
• Article 7
• Article 8
• Article 16
• Article 17
• Article 18
• Article 19
• Article 25
• Article 35
• Article 36
• Article 43
• Article 44
• Article 51
• Article 56
• Article 57
• Article 58
• Article 60
• Article 62
• Article 64
• Article 65
• Article 73
• Article 76
• Article 85
• Article 102
• Article 117
• Article 119