MiCA · CELEX 02023R1114-20240109

Article 131

Verbatim text of the current consolidated version (consolidated 2024-01-09) · status: in force. Check it on EUR-Lex ↗

MiCA, Article 131(1) — Fines

EBA shall adopt a decision imposing a fine in accordance with paragraph 3 or 4 of this Article where, in accordance with Article 134(8), it finds that: (a) an issuer of a significant asset-referenced token or a member of its management body has, intentionally or negligently, committed an infringement as listed in Annex V; (b) an issuer of a significant e-money token or a member of its management body has, intentionally or negligently, committed an infringement as listed in Annex VI. An infringement shall be considered to have been committed intentionally if EBA finds objective factors which demonstrate that such an issuer or a member of its management body acted deliberately to commit the infringement.

MiCA, Article 131(2) — Fines

When adopting a decision as referred to in paragraph 1, EBA shall take into account the nature and seriousness of the infringement, having regard to:

MiCA, Article 131(2)(a) — Fines

the duration and frequency of the infringement;

MiCA, Article 131(2)(b) — Fines

whether financial crime has been occasioned, facilitated or is otherwise attributable to the infringement;

MiCA, Article 131(2)(c) — Fines

whether the infringement has revealed serious or systemic weaknesses in the issuer of the significant asset-referenced token’s or in the issuer of the significant e-money token’s procedures, policies and risk management measures;

MiCA, Article 131(2)(d) — Fines

whether the infringement has been committed intentionally or negligently;

MiCA, Article 131(2)(e) — Fines

the degree of responsibility of the issuer of the significant asset-referenced token or the issuer of the significant e-money token responsible for the infringement;

MiCA, Article 131(2)(f) — Fines

the financial strength of the issuer of the significant asset-referenced token, or of the issuer of the significant e-money token, responsible for the infringement, as indicated by the total turnover of the responsible legal person or the annual income and net assets of the responsible natural person;

MiCA, Article 131(2)(g) — Fines

the impact of the infringement on the interests of holders of significant asset-referenced tokens or significant e-money tokens;

MiCA, Article 131(2)(h) — Fines

the importance of the profits gained, losses avoided by the issuer of the significant asset-referenced token or the significant e-money token responsible for the infringement or the losses for third parties caused by the infringement, insofar as they can be determined;

MiCA, Article 131(2)(i) — Fines

the level of cooperation of the issuer of the significant asset-referenced token or of the issuer of the significant e-money token responsible for the infringement with EBA, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

MiCA, Article 131(2)(j) — Fines

previous infringements by the issuer of the significant asset-referenced token or by the issuer of the significant e-money token responsible for the infringement;

MiCA, Article 131(2)(k) — Fines

measures taken by the issuer of the significant asset-referenced token or by the issuer of the significant e-money token after the infringement to prevent the repetition of such an infringement.

MiCA, Article 131(3) — Fines

For issuers of significant asset-referenced tokens, the maximum amount of the fine referred to in paragraph 1 shall be up to 12,5 % of its annual turnover in the preceding business year, or twice the amount or profits gained or losses avoided because of the infringement where those can be determined.

MiCA, Article 131(4) — Fines

For issuers of significant e-money tokens, the maximum amount of the fine referred to in paragraph 1 shall be up to 10 % of its annual turnover in the preceding business year, or twice the amount or profits gained or losses avoided because of the infringement where those can be determined.

This text is not written by an AI. It is rendered from a corpus built from the official EUR-Lex source, where every fragment is content-hashed and signed at ingestion — which is what lets you cite it and defend the citation. Ask a question about this article →

Other articles of the MiCA

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Art. 9 Art. 10 Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28 Art. 29 Art. 30 Art. 31 Art. 32 Art. 33 Art. 34 Art. 35 Art. 36 Art. 37 Art. 38 Art. 39 Art. 40 Art. 41 Art. 42 Art. 43 Art. 44 Art. 45 Art. 46 Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 53 Art. 54 Art. 55 Art. 56 Art. 57 Art. 58 Art. 59 Art. 60 Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Art. 78 Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 89 Art. 90 Art. 91 Art. 92 Art. 93 Art. 94 Art. 95 Art. 96 Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 110a Art. 111 Art. 112 Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Art. 118 Art. 119 Art. 120 Art. 121 Art. 122 Art. 123 Art. 124 Art. 125 Art. 126 Art. 127 Art. 128 Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Art. 142 Art. 143 Art. 144 Art. 145 Art. 146 Art. 147 Art. 148 Art. 149

← Article 130 · Article 132 →

Acquis returns official sources verbatim with citations; it is not legal advice. Texts © European Union, reuse permitted (Decision 2011/833/EU) — only the EUR-Lex original is authentic. Why legal AI fails · Coverage