Commission Delegated Regulation (EU) 2025/1125 of 5 June 2025 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information in an application for authorisation to offer asset-referenced tokens to the public or to seek their admission to trading

Type Delegated Regulation
Publication 2025-09-15
State In force
Text As published
Department European Commission, FISMA
Source EUR-Lex
articles 9

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
Image omitted; see official source Official Journal of the European Union EN L series
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2025/1125 15.9.2025

THE EUROPEAN COMMISSION,

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

Having regard to 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 [^ntr1-L_202501125EN.000101-E0001], and in particular Article 18(6), third subparagraph thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Information about the identity of the applicant issuer

For the purposes of Article 18(2), points (a), (b) and (c), of Regulation (EU) 2023/1114, an application for authorisation shall contain all of the following information about the identity of the applicant issuer:

For the purposes of points (c) to (g), as regards legal persons under the scope of Directive (EU) 2017/1132 of the European Parliament and of the Council [^ntr8-L_202501125EN.000101-E0008], the information referred to in those points shall match the information contained in the national business register referred to in Article 16 of that Directive.

Article 2

Programme of operations: information on the business model, strategy and risk profile

1.

For the purposes of Article 18(2), point (d), of Regulation (EU) 2023/1114, the application for authorisation shall contain a programme of operations setting out the applicant issuer’s business model, strategy and risk assessment for three years following the granting of the authorisation.

2.

In accordance with Article 19 of Regulation (EU) 2023/1114, the programme of operations referred to in paragraph 1 shall include all of the following:

For the purposes of point (a)(i)(4), where, upon being granted authorisation, the applicant issuer intends to appoint by consent and in writing other entities to carry out the offer to the public or the admission to trading of the asset-referenced token, the application for authorisation shall include policies and procedures clarifying, inter alia, that the responsibility for the compliance with Title III of Regulation (EU) 2023/1114 will remain with the issuer of an asset-referenced token that has been granted authorisation and that such other entities will be subject to the conduct and marketing requirements laid down in Article 16(1), second subparagraph, of that Regulation.

Article 3

Programme of operations: financial information on the business plan

1.

The application for authorisation shall contain a business plan explaining the initial viability and the ongoing sustainability of the applicant issuer’s business model and the applicant issuer’s capability to comply with the prudential requirements set out in Regulation (EU) 2023/1114 for at least, a period of three years from the grant of authorisation on a baseline and on a stress scenario.

2.

The stress scenario referred to in paragraph 1 shall rely on severe but plausible stress situations, designed on the basis of Commission Delegated Regulation (EU) 2025/415 [^ntr10-L_202501125EN.000101-E0010]. For an application for authorisation relating to the offer to the public or admission to trading of an asset-referenced token for which voluntary classification as significant asset-referenced token is requested as referred to in paragraph 4 of this Article, the stress scenario shall pay particular attention to liquidity stress situations.

3.

Any business plan assumptions shall be credible and realistic and rely on official macroeconomic forecasts elaborated by a Union or public national institution.

4.

Where the application for authorisation relates to the offer to the public or admission to trading of an asset-referenced token for which voluntary classification as significant asset-referenced token is requested, the business plan shall clearly demonstrate that the proposed issuance meets the requirements set out in Article 44 of Regulation (EU) 2023/1114 and shall adequately reflect the applicant issuer’s higher complexity and risk profile.

5.

The business plan shall contain the forecast financial information on the applicant issuer at individual level and, where applicable, at consolidated level, supporting the explanation of the business profitability and its credibility, including:

6.

The programme of operations shall also contain the applicant issuer’s past financial information, including:

Article 4

Information about the internal governance arrangements and the structural organisation

1.

For the purposes of Article 18(2), point (f), of Regulation (EU) 2023/1114, the application for authorisation shall contain clear and comprehensive information on the applicant issuer’s organisation, operational structure and governance arrangements demonstrating that they are well designed and that they ensure the sound and prudent management of the applicant issuer. That information shall include:

For the purposes of point (c), the application for authorisation shall also illustrate the actual state of play of the implementation of the envisaged operational structure, including the recruiting plan for the human resources, and the acquisition and operationalisation of the technical resources.

2.

The application for authorisation shall contain the names and contact details of all third-party service providers that the applicant issuer intends to conclude or has concluded arrangements with for operating the reserve of assets, and for the investment of the reserve assets, the custody of the reserve assets and, where applicable, the distribution of the asset-referenced tokens to the public as referred to in Article 34(5) of Regulation (EU) 2023/1114, and a description of such third-party arrangements, including all of the following:

Article 5

Information on the internal control framework

1.

The application for authorisation shall contain a comprehensive description of the applicant issuer’s internal control framework, including all of the following:

For the purposes of point (c), the description shall also include the applicant issuer’s risk appetite statement and its risk tolerance, including the envisaged procedures and measures to manage the identified risks within the risk appetite.

2.

The application for authorisation shall contain a description of the arrangements and assigned ICT and human resources to ensure that the applicant issuer complies with Regulation (EU) 2022/2554, including all of the following information in relation to the applicant issuer’s ICT systems, protocols and tools:

3.

The application for authorisation shall contain a description of the business continuity plan and policy ensuring the applicant issuer’s ability to operate on an ongoing basis and to limit losses in the event of severe business disruption. For that purpose, the business continuity plan shall include:

4.

Where asset-referenced tokens are issued, stored and transferred using a proprietary DLT or similar technology operated by the applicant issuer or by a third party acting on its behalf, the application for authorisation shall demonstrate the functioning of the DLT or similar technology covering all the following:

5.

Where cooperation arrangements between the applicant issuer and specific crypto-assets service providers are envisaged, the application for authorisation shall contain a detailed description of the crypto-asset service provider’s current internal control mechanisms and procedures ensuring compliance with the obligations in relation to the prevention of money laundering and terrorist financing under Directive (EU) 2015/849 and, where applicable, Regulation (EU) 2023/1113. Such detailed description shall include a forward-looking assessment of the continuous compliance with such obligation for the three-year time horizon of the applicant issuer’s business plan. Such description and forward-looking assessment prepared by the specific crypto-asset service provider may be exchanged by the competent authority with the competent authorities for anti-money laundering and counter-terrorist financing, financial intelligence units or other public bodies, in accordance with Article 20(2), second subparagraph, of Regulation (EU) 2023/1114.

Article 6

Liquidity management, reserve of assets and redemption rights

1.

The application for authorisation shall contain the following information ensuring compliance with the requirements on liquidity management and on the reserve of assets:

For the purposes of point (a), where the applicant issuer applies for voluntary classification of the asset-referenced token as significant asset-referenced token, the framework shall contain the liquidity management policy and procedures. The framework shall also illustrate the reporting lines to the management body and how the management body’s responsibility for the prudent management of the reserve of assets will be ensured.

For the purposes of point (f), the detailed description shall indicate the name and contact details of the third-party service providers, and illustrate the roles, responsibilities, rights and obligations of both the issuer of an asset-referenced tokens and the third-party service providers in going concern and in case of the implementation of the redemption plan including the law applicable to the contract. Where such services are considered critical activities for the orderly redemption in accordance with Article 47(2), second subparagraph, of Regulation (EU) 2023/1114, the description shall also indicate that the contract cannot be terminated, but will be operational in case of implementation of the redemption plan in accordance with Article 47(1) of that Regulation. The description of the contractual arrangements shall also include the information referred to in Article 5(2) of this Regulation, as applicable.

The description of the contractual arrangements with third party service providers for the custody of the reserve of assets shall include the measures taken by the third-party service provider to ensure legal and operational separation from its own assets.

2.

The application for authorisation shall also contain the following:

Article 7

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

1.

An application for authorisation shall provide for each member of the management body all of the following personal individual details and proof of good repute, knowledge, skills, experience, and ability to commit sufficient time to perform their duties:

For the purposes of point (e)(i), official records, certificates and documents shall have been issued within three months prior to the submission of application for authorisation.

2.

The results of any suitability assessment of each member of the management body, performed by the applicant issuer, including the following information:

3.

A statement regarding the applicant issuer’s overall assessment of the collective suitability of the management body documenting that collectively the management body possesses the appropriate knowledge, skills and experience to manage the applicant issuer, including relevant board minutes or suitability assessment report or documents.

Article 8

Information relating to shareholders or members with qualifying holdings

The application for authorisation shall contain information on the sufficiently good repute of shareholders and members with direct and indirect qualifying holdings in the applicant issuer, including all of the following:

For the purposes of point (b), indirect qualifying holdings are identified in accordance with Article 4(1) and (2) of Delegated Regulation (EU) 2025/413.

Article 9

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, 5 June 2025.

For the Commission

The President

Ursula VON DER LEYEN

[^ntr1-L_202501125EN.000101-E0001]: OJ L 150, 9.6.2023, p. 40, ELI: http://data.europa.eu/eli/reg/2023/1114/oj.

[^ntr2-L_202501125EN.000101-E0002]: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

[^ntr3-L_202501125EN.000101-E0003]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73, ELI: http://data.europa.eu/eli/dir/2015/849/oj).

[^ntr4-L_202501125EN.000101-E0004]: Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (OJ L 150, 9.6.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1113/oj).

[^ntr5-L_202501125EN.000101-E0005]: Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011 (OJ L 333, 27.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2554/oj).

[^ntr6-L_202501125EN.000101-E0006]: Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12, ELI: http://data.europa.eu/eli/reg/2010/1093/oj).

[^ntr7-L_202501125EN.000101-E0007]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

[^ntr8-L_202501125EN.000101-E0008]: Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46, ELI: http://data.europa.eu/eli/dir/2017/1132/oj).

[^ntr9-L_202501125EN.000101-E0009]: Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/575/oj).

[^ntr10-L_202501125EN.000101-E0010]: Commission Delegated Regulation (EU) 2025/415 of 13 December 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regards to regulatory technical standards specifying adjustment of own funds requirement and minimum features of stress testing programmes of issuers of asset-referenced tokens or of e-money tokens (OJ L, 2025/415, 24.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/415/oj).

[^ntr11-L_202501125EN.000101-E0011]: Commission Delegated Regulation (EU) 2025/413 of 18 December 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the detailed content of information necessary to carry out the assessment of a proposed acquisition of a qualifying holding in an issuer of an asset-referenced token (OJ L, 2025/413, 31.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/413/oj).

[^ntr12-L_202501125EN.000101-E0012]: Commission Delegated Regulation (EU) 2025/293 of 30 September 2024 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements, templates and procedures for the handling of complaints relating to asset referenced tokens (OJ L, 2025/293, 13.2.2025, ELI: http://data.europa.eu/eli/reg_del/2025/293/oj)).

ELI: http://data.europa.eu/eli/reg_del/2025/1125/oj

ISSN 1977-0677 (electronic edition)

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