Updated 07/09/2024
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Version from: 09/01/2024
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ANNEX I

ANNEX I

DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR CRYPTO-ASSETS OTHER THAN ASSET-REFERENCED TOKENS OR E-MONEY TOKENS

Part A: Information about the offeror or the person seeking admission to trading

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. 

A contact telephone number and an email address of the offeror or the person seeking admission to trading, and the period of days within which an investor contacting the offeror or the person seeking admission to trading via that telephone number or email address will receive an answer;

7. 

Where applicable, the name of the parent company;

8. 

Identity, business addresses and functions of persons that are members of the management body of the offeror or person seeking admission to trading;

9. 

Business or professional activity of the offeror or person seeking admission to trading and, where applicable, of its parent company;

10. 

The financial condition of the offeror or person seeking admission to trading over the past three years or where the offeror or person seeking admission to trading has not been established for the past three years, its financial condition since the date of its registration.

The financial condition shall be assessed based on a fair review of the development and performance of the business of the offeror or person seeking admission to trading and of its position for each year and interim period for which historical financial information is required, including the causes of material changes.

The review shall be a balanced and comprehensive analysis of the development and performance of the business of the offeror or person seeking admission to trading and of its position, consistent with the size and complexity of the business.

Part B: Information about the issuer, if different from the offeror or person seeking admission to trading

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 name 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.

Part C: Information about the operator of the trading platform in cases where it draws up the crypto-asset white paper

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 name of the parent company;

7. 

The reason why that operator drew up the crypto-asset white paper;

8. 

Identity, business addresses and functions of persons that are members of the management body of the operator;

9. 

Business or professional activity of the operator and, where applicable, of its parent company.

Part D: Information about the crypto-asset project

1. 

Name of the crypto-asset project and of the crypto-assets, if different from the name of the offeror or person seeking admission to trading, and abbreviation or ticker handler;

2. 

A brief description of the crypto-asset project;

3. 

Details of all natural or legal persons (including business addresses or domicile of the company) involved in the implementation of the crypto-asset project, such as advisors, development team and crypto-asset service providers;

4. 

Where the crypto-asset project concerns utility tokens, key features of the goods or services to be developed;

5. 

Information about the crypto-asset project, especially past and future milestones of the project and, where applicable, resources already allocated to the project;

6. 

Where applicable, planned use of any funds or other crypto-assets collected.

Part E: Information about the offer to the public of crypto-assets or their admission to trading

1. 

Indication as to whether the crypto-asset white paper concerns an offer to the public of crypto-assets or their admission to trading;

2. 

The reasons for the offer to the public or for seeking admission to trading;

3. 

Where applicable, the amount that the offer to the public intends to raise in funds or in any other crypto-asset, including, where applicable, any minimum and maximum target subscription goals set for the offer to the public of crypto-assets, and whether oversubscriptions are accepted and how they are allocated;

4. 

The issue price of the crypto-asset being offered to the public (in an official currency or any other crypto-assets), any applicable subscription fee or the method in accordance with which the offer price will be determined;

5. 

Where applicable, the total number of crypto-assets to be offered to the public or admitted to trading;

6. 

Indication of the prospective holders targeted by the offer to the public of crypto-assets or admission of such crypto-assets to trading, including any restriction as regards the type of holders for such crypto-assets;

7. 

Specific notice that purchasers participating in the offer to the public of crypto-assets will be able to be reimbursed if the minimum target subscription goal is not reached at the end of the offer to the public, if they exercise the right to withdrawal foreseen in Article 13 or if the offer is cancelled and detailed description of the refund mechanism, including the expected timeline of when such refunds will be completed;

8. 

Information about the various phases of the offer to the public of crypto-assets, including information on discounted purchase price for early purchasers of crypto-assets (pre-public sales); in the case of discounted purchase prices for some purchasers, an explanation why purchase prices may be different, and a description of the impact on the other investors;

9. 

For time-limited offers, the subscription period during which the offer to the public is open;

10. 

The arrangements to safeguard funds or other crypto-assets as referred to in Article 10 during the time-limited offer to the public or during the withdrawal period;

11. 

Methods of payment to purchase the crypto-assets offered and methods of transfer of the value to the purchasers when they are entitled to be reimbursed;

12. 

In the case of offers to the public, information on the right of withdrawal as referred to in Article 13;

13. 

Information on the manner and time schedule of transferring the purchased crypto-assets to the holders;

14. 

Information about technical requirements that the purchaser is required to fulfil to hold the crypto-assets;

15. 

Where applicable, the name of the crypto-asset service provider in charge of the placing of crypto-assets and the form of such placement (with or without a firm commitment basis);

16. 

Where applicable, the name of the trading platform for crypto-assets where admission to trading is sought, and information about how investors can access such trading platforms and the costs involved;

17. 

Expenses related to the offer to the public of crypto-assets;

18. 

Potential conflicts of interest of the persons involved in the offer to the public or admission to trading, arising in relation to the offer or admission to trading;

19. 

The law applicable to the offer to the public of crypto-assets, as well as the competent court.

Part F: Information about the crypto-assets

1. 

The type of crypto-asset that will be offered to the public or for which admission to trading is sought;

2. 

A description of the characteristics, including the data necessary for classification of the crypto-asset white paper in the register referred to in Article 109, as specified in accordance with paragraph 8 of that Article, and functionality of the crypto-assets being offered or admitted to trading, including information about when the functionalities are planned to apply.

Part G: Information on the rights and obligations attached to the crypto-assets

1. 

A description of the rights and obligations, if any, of the purchaser, and the procedure and conditions for the exercise of those rights;

2. 

A description of the conditions under which the rights and obligations may be modified;

3. 

Where applicable, information on the future offers to the public of crypto-assets by the issuer and the number of crypto-assets retained by the issuer itself;

4. 

Where the offer to the public of crypto-assets or their admission to trading concerns utility tokens, information about the quality and quantity of goods or services to which the utility tokens give access;

5. 

Where the offers to the public of crypto-assets or their admission to trading concerns utility tokens, information on how utility tokens can be redeemed for goods or services to which they relate;

6. 

Where an admission to trading is not sought, information on how and where the crypto-assets can be purchased or sold after the offer to the public;

7. 

Restrictions on the transferability of the crypto-assets that are being offered or admitted to trading;

8. 

Where the crypto-assets have protocols for the increase or decrease of their supply in response to changes in demand, a description of the functioning of such protocols;

9. 

Where applicable, a description of protection schemes protecting the value of the crypto-assets and of compensation schemes;

10. 

The law applicable to the crypto-assets, as well as the competent court.

Part H: Information on the underlying technology

1. 

Information on the technology used, including distributed ledger technology, protocols and technical standards used;

2. 

The consensus mechanism, where applicable;

3. 

Incentive mechanisms to secure transactions and any fees applicable;

4. 

Where the crypto-assets are issued, transferred and stored using distributed ledger technology that is operated by the issuer, the offeror or a third-party acting on their behalf, a detailed description of the functioning of such distributed ledger technology;

5. 

Information on the audit outcome of the technology used, if such an audit was conducted.

Part I: Information on the risks

1. 

A description of the risks associated with the offer to the public of crypto-assets or their admission to trading;

2. 

A description of the risks associated with the issuer, if different from the offeror, or person seeking admission to trading;

3. 

A description of the risks associated with the crypto-assets;

4. 

A description of the risks associated with project implementation;

5. 

A description of the risks associated with the technology used as well as mitigation measures, if any.