Title III: ASSET-REFERENCED TOKENS | Chapter 2

Article 29

Marketing communications

1.   Any marketing communications relating to an offer to the public of an asset-referenced token, or to the admission to trading of such asset-referenced token, shall comply with all of the following requirements: (a) the marketing communications are clearly identifiable as such; (b) the information in the marketing communications is fair, clear and not misleading; (c) the information in the marketing communications is consistent with the information in the crypto-asset white paper; (d) the marketing communications clearly state that a crypto-asset white paper has been published and clearly indicate the address of the website of the issuer of the asset-referenced token, as well as a telephone number and an email address to contact the issuer. 2.   Marketing communications shall contain a clear and unambiguous statement that the holders of the asset-referenced token have a right of redemption against the issuer at any time. 3.   Marketing communications and any modifications thereto shall be published on the issuer’s website. 4.   Competent authorities shall not require prior approval of marketing communications before their publication. 5.   Marketing communications shall be notified to competent authorities upon request. 6.   No marketing communications shall be disseminated prior to the publication of the crypto-asset white paper. Such restriction does not affect the ability of the issuer of the asset-referenced token to conduct market soundings.

Related Technical Standards & Guidelines

Regulatory Technical Standards (RTS)

  • RTSESMAIn force
    Marketing Communications RTS

    Specifies requirements for marketing communications relating to offers of crypto-assets to the public or admission to trading.

Related Recitals (Preamble)

Recitals provide interpretive context and policy rationale for the legislative provisions.

(47)
ART holder information requirements

Summary: To ensure protection of retail holders, issuers of asset-referenced tokens should always provide holders of such tokens with information that is complete, fair, clear and not misleading.