1. 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.
2. 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.
3. Titles II and III of Directive 2009/110/EC shall apply with respect to e-money tokens unless otherwise stated in this Title.
4. 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.
5. 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.
6. 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.
7. 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.
Title IV: E-MONEY TOKENS | Chapter 1
Article 48
Requirements for offers to the public and admission to trading of e-money tokens
Related Technical Standards & Guidelines
Questions & Answers
- Q&AESMAIn force
Non-Issuer Public Offering
Clarifies that offering to public by persons other than the issuer also requires authorisation under Article 16(1) and 48(1).
- Q&AEBAIn force
Multi-Issuer EMTs
Addresses whether identical EMTs can be issued by both EU-licensed and non-EU entities (one leg out arrangements).
- Q&AEBAIn force
Non-Compliant Token Delisting
Clarifies obligations for crypto-asset exchanges to delist ARTs and EMTs from non-authorised issuers as of 30 June 2024.
Related Recitals (Preamble)
Recitals provide interpretive context and policy rationale for the legislative provisions.
(66)
EMT issuer authorisation
Summary: Issuers of e-money tokens should be authorised either as a credit institution under Directive 2013/36/EU or as an electronic money institution under Directive 2009/110/EC.