Annex II
Disclosure Items for the Crypto-Asset White Paper for an Asset-Referenced Token
Part A: Information about the issuer of the asset-referenced 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. Where applicable, the identity of the parent company; 7. Identity, business addresses and functions of persons that are members of the management body of the issuer; 8. Business or professional activity of the issuer and, where applicable, of its parent company; 9. The financial condition of the issuer over the past three years or, where the issuer has not been established for the past three years, its financial condition since the date of its registration; 10. A detailed description of the issuer's governance arrangements; 11. Except for issuers of asset-referenced tokens that are exempted from authorisation in accordance with Article 17, details about the authorisation as an issuer of an asset-referenced token and name of the competent authority which granted such authorisation; 12. Where the issuer of the asset-referenced token also issues other crypto-assets, or also has activities related to other crypto-assets, that should be clearly stated.
Part B: Information about the asset-referenced token
1. Name and abbreviation or ticker handler of the asset-referenced token; 2. A description of the characteristics of the asset-referenced token; 3. Details of all natural or legal persons involved in the operationalisation of the asset-referenced token; 4. A description of the role, responsibilities and accountability of any third-party entities; 5. Information about the plans for the asset-referenced tokens, including the description of the past and future milestones.
Part C: Information about the offer to the public of the asset-referenced token or its admission to trading
1. Indication as to whether the crypto-asset white paper concerns an offer to the public of the asset-referenced token or its admission to trading; 2. Where applicable, the amount that the offer to the public of the asset-referenced token intends to raise; 3. Where applicable, the total number of units of the asset-referenced token to be offered or admitted to trading; 4. Indication of the prospective holders targeted; 5. A specific notice that purchasers will be able to be reimbursed if the minimum target subscription goal is not reached; 6. Information about the various phases of the offer to the public; 7. For time-limited offers, the subscription period during which the offer to the public is open; 8. Methods of payment to purchase and to redeem the asset-referenced token offered; 9. Information on the method and time schedule of transferring the purchased asset-referenced token to the holders; 10. Information about technical requirements that the purchaser is required to fulfil; 11. Where applicable, the name of the crypto-asset service provider in charge of the placing; 12. Where applicable, the name of the trading platform for crypto-assets where admission to trading is sought; 13. Expenses related to the offer to the public; 14. Potential conflicts of interest; 15. The law applicable to the offer to the public, as well as the competent court.
Part D: Information on the rights and obligations attached to the asset-referenced token
1. A description of the characteristics and functionality of the asset-referenced token; 2. A description of the rights and obligations, if any, of the purchaser; 3. A description of the conditions under which the rights and obligations may be modified; 4. Information on the future offers to the public by the issuer; 5. Information on how and where the asset-referenced token can be purchased or sold; 6. Any restrictions on the transferability; 7. Where the asset-referenced token has protocols for the increase or decrease of its supply; 8. A description of protection schemes and compensation schemes; 9. Information on the nature and enforceability of rights, including permanent rights of redemption; 10. A detailed description of the claim that the asset-referenced token represents for holders; 11. Information on the arrangements put in place to ensure liquidity; 12. The contact details for submitting complaints; 13. A description of the rights of the holders when the issuer is not able to fulfil its obligations; 14. A description of the rights in the context of the implementation of the recovery plan; 15. A description of the rights in the context of the implementation of the redemption plan; 16. Detailed information on how the asset-referenced token is redeemed; 17. The law applicable to the asset-referenced token, as well as the competent court.
Part E: Information on the underlying technology
1. Information on the technology used, including distributed ledger technology; 2. The consensus mechanism, where applicable; 3. Incentive mechanisms to secure transactions and any fees applicable; 4. Where the asset-referenced tokens are issued, transferred and stored using distributed ledger technology; 5. Information on the audit outcome of the technology used, if such an audit was conducted.
Part F: Information on the risks
1. The risks related to the reserve of assets; 2. A description of the risks associated with the issuer; 3. A description of the risks associated with the offer to the public or its admission to trading; 4. A description of the risks associated with the asset-referenced token; 5. A description of the risks associated with the operationalisation; 6. A description of the risks associated with the technology used.
Part G: Information on the reserve of assets
1. A detailed description of the mechanism aimed at aligning the value of the reserve of assets with the claim; 2. A detailed description of the reserve of assets and their composition; 3. A description of the mechanisms through which asset-referenced tokens are issued and redeemed; 4. Information on whether a part of the reserve assets are invested; 5. A description of the custody arrangements for the reserve assets.