Title IV: E-MONEY TOKENS | Chapter 2

Article 58

Specific additional obligations for issuers of significant e-money tokens

1.   Electronic money institutions issuing significant e-money tokens shall be subject to: (a) the requirements referred to in Articles 36, 37, 38 and Article 45, (1) to (4) of this Regulation, instead of Article 7 of Directive 2009/110/EC; (b) the requirements referred to in Article 35(2), (3) and (5) and Article 45(5) of this Regulation, instead of Article 5 of Directive 2009/110/EC. By way of derogation from Article 36(9), the independent audit shall, in respect of issuers of significant e-money tokens, be mandated every six months as of the date of the decision to classify the e-money tokens as significant pursuant to Article 56 or 57, as applicable. 2.   Competent authorities of the home Member States may require electronic money institutions issuing e-money tokens that are not significant to comply with any requirement referred to in paragraph 1 where necessary to address the risks that those provisions aim to address, such as liquidity risks, operational risks, or risks arising from non-compliance with requirements for management of reserve of assets. 3.   Articles 22, 23 and 24(3) shall apply to e-money tokens denominated in a currency that is not an official currency of a Member State.

Related Technical Standards & Guidelines

Guidelines

  • GuidelinesEBAIn force
    ART/EMT Reporting Guidelines

    Guidelines and templates for quarterly reporting by issuers of significant ARTs and EMTs.

Related Recitals (Preamble)

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

(71)
Significant EMT additional requirements

Summary: Significant e-money tokens could pose greater risks to financial stability than e-money tokens that are not significant and traditional electronic money.