MiCA · Article 48
Who may issue an e-money token under MiCA?
Article 48 sets the conditions for offering an e-money token to the public or seeking its admission to trading in the Union — the provision to read first if you are planning a euro-denominated stablecoin.
Below is the provision itself, word for word, from the current consolidated version (consolidated 2024-01-09). Check it on EUR-Lex ↗
MiCA, Article 48(1) — Requirements for the offer to the public or admission to trading of e-money tokens
A person shall not make an offer to the public or seek the admission to trading of an e-money token, within the Union, unless that person is the issuer of such e-money token and: (a) is authorised as a credit institution or as an electronic money institution; and (b) has notified a crypto-asset white paper to the competent authority and has published that crypto-asset white paper in accordance with Article 51. Notwithstanding the first subparagraph, upon the written consent of the issuer, other persons may offer to the public or seek the admission to trading of the e-money token. Those persons shall comply with Articles 50 and 53.
MiCA, Article 48(2) — Requirements for the offer to the public or admission to trading of e-money tokens
E-money tokens shall be deemed to be electronic money. An e-money token that references an official currency of a Member State shall be deemed to be offered to the public in the Union.
MiCA, Article 48(3) — Requirements for the offer to the public or admission to trading of e-money tokens
Titles II and III of Directive 2009/110/EC shall apply with respect to e-money tokens unless otherwise stated in this Title.
MiCA, Article 48(4) — Requirements for the offer to the public or admission to trading of e-money tokens
Paragraph 1 of this Article shall not apply to issuers of e-money tokens exempted in accordance with Article 9(1) of Directive 2009/110/EC.
MiCA, Article 48(5) — Requirements for the offer to the public or admission to trading of e-money tokens
This Title, with the exception of paragraph 7 of this Article and Article 51, shall not apply in respect of e-money tokens exempt pursuant to Article 1(4) and (5) of Directive 2009/110/EC.
MiCA, Article 48(6) — Requirements for the offer to the public or admission to trading of e-money tokens
Issuers of e-money tokens shall, at least 40 working days before the date on which they intend to offer to the public those e-money tokens or seek their admission to trading, notify their competent authority of that intention.
MiCA, Article 48(7) — Requirements for the offer to the public or admission to trading of e-money tokens
Where paragraph 4 or 5 applies, the issuers of e-money tokens shall draw up a crypto-asset white paper and notify such crypto-asset white paper to the competent authority in accordance with Article 51.
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Full article: MiCA, Article 48 · All of MiCA
Related questions
- What must a crypto-asset white paper contain under MiCA?
- When does MiCA apply?
- Do we need authorisation to provide crypto-asset services in the EU?
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