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MiCAR ToolImplementing Regulation 2024/2902
ANNEX IV

ANNEX IV - Implementing Regulation 2024/2902

ANNEX IV

REPORTING FOR CRYPTO-ASSET SERVICE PROVIDERS - INSTRUCTIONS

Table of Contents

PART I:

GENERAL INSTRUCTIONS 32

I.

 Structure 32

II.

 Scope of reporting 32

PART II:

INFORMATION ON HOLDERS (S 06.00) 33

III.

 General remarks on Template S 06.00 33

IV.

 Instructions concerning specific positions of Template S 06.00 33

PART III:

INFORMATION ON TRANSACTIONS (S 07.01, S 07.02, S 07.03 and S 07.04) 34

V.

 General remarks on Template S 07.01 34

VI.

 Instructions concerning specific positions of Template S 07.01 35

VII.

 General remarks on Template S 07.02 35

VIII.

 Instructions concerning specific positions of Template S 07.02 35

IX.

 General remarks on Template S 07.03 36

X.

 Instructions concerning specific positions of Template S 07.03 36

XI.

 General remarks on Template S 07.04 37

XII.

 Instructions concerning specific positions of Template S 07.04 37

PART IV:

INFORMATION ON TOKEN (S 08.00) 37

XIII.

 General remarks on Template S 08.00 37

XIV.

 Instructions concerning specific positions of Template S 08.00 37

PART I:   GENERAL INSTRUCTIONS

I.   Structure

1.

 This Annex contains the instructions for the reporting of the templates for crypto-asset service providers.

2.

 This Annex consists of three different sets of templates:

(a)

Information on holders (S 06.00);

(b)

Information on transactions (S 07.01, S 07.02, S 07.03 and S 07.04);

(c)

Information on token (S 08.00).

3.

 For each template, legal references are provided. Further detailed information regarding more general aspects of the reporting of each block of templates and instructions concerning specific positions are included in this part of the Implementing Regulation.

4.

 The following general notation is followed in the instructions: {Template; Row; Column; z-axis}.

II.   Scope of reporting

5.

 Crypto-asset service providers shall provide to the issuers the information specified in this Annex, in accordance with Articles 1(2) and 3(2) of this Implementing Regulation.

6.

 Crypto-asset service providers shall provide the three sets of templates in this Annex to the respective issuers separately for each asset-referenced token following Article 22(3) of Regulation (EU) 2023/1114, indicating to the issuer which token is the subject of a particular submission, the identification code, reference or name of the token, where available, based on the published crypto-asset white paper for the token.

PART II:   INFORMATION ON HOLDERS (S 06.00)

III.   General remarks on Template S 06.00

7.

 Template S 06.00, following Article 22(3) of Regulation (EU) 2023/1114, contains the information on the holders that is necessary for the issuers to comply with the reporting requirements set out in this Implementing Regulation.

8.

 This template shall contain information as at the end of the reference date, in line with template S 01.00 ‘Number of holders – at reference date’ for issuers as presented in Annex I and II of this Regulation. The country of a holder shall be determined by the holders’ location as follows:

(a)

for natural persons, their habitual residence;

(b)

for legal persons, the registered office address.

IV.   Instructions concerning specific positions of Template S 06.00

Column

Legal references and instructions

0010

Name

The full name for natural persons and the official registered name for legal persons, including any references to the company type in accordance with the national company law, in accordance with the unique identifier provided of the holder in column 0020 of this template.

0020

Code

The code as part of a row identifier must be unique for each reported entity. The code shall be unique and used consistently across the templates and across time. The code shall always have a value.

The code of the holder, such as national identification number for natural persons or legal entity identifier (LEI) code for legal persons, or any other available applicable official identifier. If a LEI is available, this LEI shall be reported.

In order to facilitate the data reconciliation process of the issuers, the following approach shall be considered when reporting the code. There are two lists consisting different types of codes, one for natural persons, and one for legal entities. Crypto-asset service providers shall report the first available type of code from the list specified in column 0030, starting from the 1st option on the list, then moving down one by one for the rest of the options, in case that type of identifier is not available of the holder.

0030

Type of code

Types of codes of natural persons:

1.

National identification number

2.

National tax number

3.

Passport number

4.

Other type of identification number

Types of codes of legal persons:

1.

Legal entity identifier (LEI) code

2.

Official national registration number or European Unique Identifier (EUID) made available under Directive (EU) 2017/1132 of the European Parliament and of the Council (1)

3.

Official registered tax number

4.

Other type of identification number

The type of code shall always be reported.

0040

Retail/Non-retail

Include Retail or Non-retail, based on the holder in scope.

Retail shall be included in case the holder in scope qualifies as a retail holder, as defined in Article 3(1), point 37, of Regulation (EU) 2023/1114.

Non-retail shall be included otherwise.

0050

Country

Include the name of the country of the holder in scope, in accordance with point 8 of this Annex.


Row

Legal references and instructions

Crypto-asset service providers shall allocate one row for each specific holder in scope.

PART III:   INFORMATION ON TRANSACTIONS (S 07.01, S 07.02, S 07.03 and S 07.04)

V.   General remarks on Template S 07.01

9.

 Template S 07.01, following Article 22(3) of Regulation (EU) 2023/1114, contains the information on the transactions that is necessary for the issuers to comply with the reporting requirements set out in this Implementing Regulation. Template S 07.01 shall include information on the total number and total aggregate value of transactions during the reporting period, presented separately for the countries in the scope of reporting.

10.

 Crypto-asset service providers shall follow the below approach for determining which transactions to include in the scope of this template:

(a)

Transactions, where the crypto-asset service provider is involved and acts as the crypto-asset service provider of the beneficiary or payee of the transaction. In these cases, the originator or payer of the transaction is either also interacting via a crypto-asset service provider; or without crypto-asset service provider involvement, for example via its non-custodial wallet.

(b)

Transactions, where the crypto-asset service provider is involved and acts as the crypto-asset service provider of the originator or payer of the transaction. In these cases, the beneficiary or payee of the transaction is interacting without a crypto-asset service provider involvement, for example via its non-custodial wallet. These types of transactions are calculated and reported on a best effort basis, due to the limited information the crypto-asset service provider of the originator or payer of the transaction might have on both of the holders involved in the transfers.

11.

 The location of the originator and the beneficiary involved in the transactions shall be, following the approach for defining the country of the holders in template S 01.00 ‘Number of holders – at reference date’, as follows:

(a)

for natural persons, their habitual residence;

(b)

for legal persons, the registered office address.

12.

 Those transactions shall be in scope of this template, where at least one of the holders involved in the transaction is located within the Union. In addition, when the token references an official currency of one of the Member States of the Union, transactions where both of the holders involved are located outside of the Union shall also be included in the scope of reporting.

13.

 The issuer shall determine the value of the transactions following the valuation method defined in Article 4(3) of Delegated Regulation [(2024) 6910].

14.

 Template S 07.01 shall include a breakdown for the transactions:

(a)

of which made within the country;

(b)

of which received transaction to the country;

(c)

of which sent transaction from the country.

15.

 Template S 07.01 shall be reported separately for each country related to the transactions. The countries of a transaction are the countries of residence of the holders involved in the transaction, including the country of the originator and the country of the beneficiary of the transaction.

VI.   Instructions concerning specific positions of Template S 07.01

Row

Legal references and instructions

0010

Transactions during reporting period - total

For the country determined by the z-axis, transactions where either the location of the originator or the location of the beneficiary is within that country.

0020

Of which made within the country

For the country determined by the z-axis, transactions where both the location of the originator and the location of the beneficiary is within that country.

0030

Of which received transaction to the country

For the country determined by the z-axis, transactions where the location of the originator is outside of that country and the location of the beneficiary is within that country.

0040

Of which sent transaction from the country

For the country determined by the z-axis, transactions where the location of the originator is within that country and the location of the beneficiary is outside of that country.


Column

Legal references and instructions

0010

Number

The total number of transactions in the reporting period.

0020

Amount

The total aggregate value of transactions in the reporting period.

VII.   General remarks on Template S 07.02

16.

 The only difference between Template S 07.02 and Template S 07.01 is that Template S 07.02 is for all the transactions in the EU, including in and outflow transactions, and therefore does not have the z-axis determining the country in scope.

VIII.   Instructions concerning specific positions of Template S 07.02

Row

Legal references and instructions

0010

Transactions during reporting period - total

Transactions where either the location of the originator or the location of the beneficiary is within the Union.

0020

Of which made within the EU

Transactions where both the location of the originator and the location of the beneficiary is within the Union.

0030

Of which received transaction to the EU

Transactions where the location of the originator is outside of the Union and the location of the beneficiary is within the Union.

0040

Of which sent transaction from the EU

Transactions where the location of the originator is within the Union and the location of the beneficiary is outside of the Union.


Column

Legal references and instructions

0010

Number

The total number of transactions in the reporting period.

0020

Amount

The total aggregate value of transactions in the reporting period.

IX.   General remarks on Template S 07.03

17.

 Template S 07.03, following Article 22(3) of Regulation (EU) 2023/1114, contains the information on the transactions that is necessary for the issuers to comply with the reporting requirements set out in this Implementing Regulation. For this template those transactions shall be in scope, that are associated to uses of the asset-referenced token as a means of exchange, following Article 22(1), point (d), of Regulation (EU) 2023/1114.

18.

 This template shall follow the requirements set out by Delegated Regulation [(2024) 6910].

19.

 This template shall be reported separately for each single currency area as specified in Article 3(5) of Delegated Regulation [(2024) 6910].

X.   Instructions concerning specific positions of Template S 07.03

Row

Legal references and instructions

0010

Transactions during reporting period - total

For the single currency area determined by the z-axis, transactions that are within that single currency area, in accordance with Article 3(5) of Delegated Regulation [(2024) 6910].


Column

Legal references and instructions

0010

Number

The total number of transactions in the reporting period.

0020

Amount

The total aggregate value of transactions in the reporting period.


z-axis

Legal references and instructions

Name of the single currency area

This template shall be reported separately for each single currency area in scope. The z-axis shall provide all the different single currency areas based on the location of the holders involved in the transactions in scope, in accordance with Article 3(5) of Delegated Regulation [(2024) 6910].

XI.   General remarks on Template S 07.04

20.

 Crypto-asset service providers shall provide to the issuers the public distributed ledger addresses they use for making transfers on behalf of their clients. That is to make it easier for issuers to identity which transactions registered on the distributed ledger take place between non-custodial wallets, to provide more information to the issuers for reporting their templates as specified in Annex I and II of this Implementing Regulation, especially S 04.03 ‘Transactions and transfers per day between non-custodial wallets – average’. Template S 07.04 ‘Distributed ledger addresses for making transfers on behalf of clients’ provides this information to the issuers.

XII.   Instructions concerning specific positions of Template S 07.04

Column

Legal references and instructions

0010

Distributed ledger address

The public distributed ledger addresses that the crypto-asset service provider uses for making transfers on behalf of their clients.


Row

Legal references and instructions

Crypto-asset service providers shall allocate one row for each distributed ledger address in scope.

PART IV:   INFORMATION ON TOKEN (S 08.00)

XIII.   General remarks on Template S 08.00

21.

 Template S 08.00 shall include information on the number and amount of the token in scope for the reporting templates, that are held by the crypto-asset service provider, and within that to specify the number and amount of those tokens held by EU clients of the crypto-asset service provider. This information shall be shared with the issuer, for the issuer to accurately calculate its aggregated value of their token issued in the EU and related reserve of assets, especially in case the respective token is issued on an international scale outside of the EU as well.

XIV.   Instructions concerning specific positions of Template S 08.00

Row

Legal references and instructions

0010

Token held by CASP

Those tokens that are held by the crypto-asset service provider.

0020

of which held via EU clients of the CASP

Those tokens held by the crypto-asset service provider, which are held by Union clients of the crypto-asset service provider.


Column

Legal references and instructions

0010

Number

The number of tokens in scope.

0020

Amount

The amount of the tokens in scope.

The value of the tokens shall be determined following the valuation method defined in Article 4(3) of Delegated Regulation [(2024) 6910].

(1)  Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46, ELI: 2017/1132/oj" >http://data.europa.eu/eli/dir/2017/1132/oj).