in force 2024-01-09 MODIFIED+2 −10§
Amended by Regulation (EU) 2023/2869 32023R2869
applies from: unchanged
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
In point (a) of paragraph 15, the internal cross-reference for the criteria on assessing knowledge and competence was changed from paragraph 2 to paragraph 7, and the subject of the assessment was described as knowledge and competence rather than client's knowledge and competence.
Cited: Art. 81, v1 · Art. 81, v2
text before / after
32023R1114 → 02023R1114-20240109
Article 81
Providing advice on crypto-assets and providing portfolio management of crypto-assets
1. Crypto-asset service providers providing advice on crypto-assets or providing portfolio management of crypto-assets shall assess whether the crypto-asset services or crypto-assets are suitable for their clients or prospective clients, … 1,240 unchanged words … least once during the relevant quarter. Such online system shall be deemed an electronic format.
15. ESMA shall, by 30 December 2024, issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 specifying:
(a) the criteria for the assessment of client’s knowledge and competence in accordance with paragraph 2; 7;
(b) the information referred to in paragraph 8; and
(c) the format of the periodic statement referred to in paragraph 14.