1.   Crypto-asset service providers that hold crypto-assets belonging to clients or the means of access to such crypto-assets shall make adequate arrangements to safeguard the ownership rights of clients, especially in the event of the crypto-asset service provider’s insolvency, and to prevent the use of clients’ crypto-assets for their own account.
2.   Where their business models or the crypto-asset services require holding clients’ funds other than e-money tokens, crypto-asset service providers shall have adequate arrangements in place to safeguard the ownership rights of clients and prevent the use of clients’ funds for their own account.
3.   Crypto-asset service providers shall, by the end of the business day following the day on which clients’ funds other than e-money tokens were received, place those funds with a credit institution or a central bank.
Crypto-asset service providers shall take all necessary steps to ensure that clients’ funds other than e-money tokens held with a credit institution or a central bank are held in an account separately identifiable from any accounts used to hold funds belonging to the crypto-asset service providers.
4.   Crypto-asset service providers may themselves, or through a third party, provide payment services related to the crypto-asset service they offer provided that the crypto-asset service provider itself, or the third party, is authorised to provide those services under Directive (EU) 2015/2366.
Where payment services are provided, crypto-asset service providers shall inform their clients of all of the following:
(a) the nature and terms and conditions of those services, including references to the applicable national law and to the rights of clients;
(b) whether those services are provided by them directly or by a third party.
5.   Paragraphs 2 and 3 of this Article shall not apply to crypto-asset service providers that are electronic money institutions, payment institutions or credit institutions.
Title V: AUTHORISATION AND OPERATING CONDITIONS FOR CRYPTO-ASSET SERVICE PROVIDERS | Chapter 2
Article 70
Safekeeping of clients' crypto-assets and funds
Related Technical Standards & Guidelines
Regulatory Technical Standards (RTS)
- RTSESMAIn force
Client Funds Safekeeping RTS
Specifies requirements for CASPs on safekeeping client funds and policies for protecting client monies.
Related Recitals (Preamble)
Recitals provide interpretive context and policy rationale for the legislative provisions.
(82)
Client asset safeguarding
Summary: In order to ensure protection of their clients, crypto-asset service providers should have adequate arrangements to safeguard the clients' ownership rights with respect to the crypto-assets they hold.