ANNEX III

9.6.2023 EN Official Journal of the European Union L 150/40

DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN E-MONEY TOKEN

Part A: Information about the issuer of the e-money token

1. Name;

2. Legal form;

3. Registered address and head office, where different;

4. Date of the registration;

5. Legal entity identifier or another identifier required pursuant to applicable national law;

6. A contact telephone number and an email address of the issuer, and the period of days within which an investor contacting the issuer via that telephone number or email address will receive an answer;

7. Where applicable, the identity of the parent company;

8. Identity, business address and functions of persons that are members of the management body of the issuer;

9. Business or professional activity of the issuer and, where applicable, of its parent company;

10. Potential conflicts of interest;

11. Where the issuer of the e-money token also issues other crypto-assets, or also has other activities related to crypto-assets, that should be clearly stated; the issuer should also state whether there is any connection between the issuer and the entity running the distributed ledger technology used to issue the crypto-asset, including if the protocols are run or controlled by a person closely connected to project participants;

12. The issuer’s financial condition over the past three years or, where the issuer has not been established for the past three years, the issuer’s financial condition record since the date of its registration. The financial condition shall be assessed based on a fair review of the development and performance of the business of the issuer and of its position for each year and interim period for which historical financial information is required, including the causes of material changes. The review shall be a balanced and comprehensive analysis of the development and performance of the issuer’s business and of its position, consistent with the size and complexity of the business;

13. Except for issuers of e-money tokens who are exempted from authorisation in accordance with Article 48(4) and (5), details about the authorisation as an issuer of an e-money token and the name of the competent authority which granted authorisation.

Part B: Information about the e-money token

1. Name and abbreviation;

2. A description of the characteristics of the e-money token, including the data necessary for classification of the crypto-asset white paper in the register referred to in Article 109, as specified in accordance with paragraph 8 of that Article;

3. Details of all natural or legal persons (including business addresses and/or domicile of the company) involved in the design and development, such as advisors, development team and crypto-asset service providers.

Part C: Information about the offer to the public of the e-money token or its admission to trading

1. Indication as to whether the crypto-asset white paper concerns an offer to the public of the e-money token or its admission to trading;

2. Where applicable, the total number of units of the e-money token to be offered to the public or admitted to trading;

3. Where applicable, name of the trading platforms for crypto-assets where the admission to trading of the e-money token is sought;

4. The law applicable to the offer to the public of the e-money token, as well as the competent court.

Part D: Information on the rights and obligations attached to e-money tokens

1. A detailed description of the rights and obligations, if any, that the holder of the e-money token has, including the right of redemption at par value as well as the procedure and conditions for the exercise of those rights;

2. A description of the conditions under which the rights and obligations may be modified;

3. A description of the rights of the holders when the issuer is not able to fulfil its obligations, including in insolvency;

4. A description of rights in the context of the implementation of the recovery plan;

5. A description of rights in the context of the implementation of the redemption plan;

6. The contact details for submitting complaints and description of the complaints-handling procedures and any dispute resolution mechanism or redress procedure established by the issuer of the e-money token;

7. Where applicable, a description of protection schemes protecting the value of the crypto-asset and of compensation schemes;

8. The law applicable to the e-money token as well as the competent court.

Part E: Information on the underlying technology

1. Information on the technology used, including distributed ledger technology, as well as the protocols and technical standards used, allowing for the holding, storing and transfer of e-money tokens;

2. Information about the technical requirements that the purchaser has to fulfil to gain control over the e-money token;

3. The consensus mechanism, where applicable;

4. Incentive mechanisms to secure transactions and any fees applicable;

5. Where the e-money token is issued, transferred and stored using distributed ledger technology that is operated by the issuer or a third-party acting on its behalf, a detailed description of the functioning of such distributed ledger technology;

6. Information on the audit outcome of the technology used, if such an audit was conducted.

Part F: Information on the risks

1. Description of the risks associated with the issuer of the e-money token;

2. Description of the risks associated with the e-money token;

3. Description of the risks associated with the technology used as well as mitigation measures, if any.