White paper obligation for Article 16(2) exempt ART issuers
Q&A on White paper obligation for Article 16(2) exempt ART issuers.
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Q&A on White paper obligation for Article 16(2) exempt ART issuers.
Authority
EBA
Q&A ID
EBA_QA_2024_7166
Status
Answer Published
Published
8 May 2026
Legal basis
Source
Regarding entities exempted from authorisation pursuant to Article 16(2) of MiCAR, they shall notify the white paper to the competent authority of the home Member State, and the NCA is responsible for forwarding on the white paper of these entities to ESMA. However, it is unclear how the white paper is made available to the intended audiences of customers, and other relevant stakeholders and investors. Article 28 on publication of crypto-asset white papers only refers to 'approved' white papers (in accordance with Article 17(1) or Article 21(1) of MiCAR), without referring to notified white papers of exempted entities under Article 16(2) of MiCAR. Therefore, does Article 28 on publication of white paper of ART issuers also apply to issuers exempted under Article 16(2) of MiCAR?
Submitted by: Central Bank of Ireland · 8 August 2024
Answer prepared by the European Commission
Yes, Article 28 MiCAR on publication of white paper of ART issuers applies to issuers exempted under Article 16(2) of MiCAR.
Source: EBA Single Rulebook Q&A
competent authority — defined term used on this page
home Member State — defined term used on this page
crypto-asset — defined term used on this page
crypto-asset — defined term used on this page
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