Updated 13/03/2025
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Article 1 - Delegated Regulation 2025/293

Article 1

Handling of complaints and complaints management policy and function

1.   Issuers of asset-referenced tokens and, where applicable, third-party entities shall establish and maintain procedures for handling of complaints, where a complaint is:

(a)

a statement of dissatisfaction addressed to them by a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokens, relating to the issuance, the offer or seeking admission to trading of asset-referenced tokens under Regulation (EU) 2023/1114;

(b)

submitted by a ‘complainant’, which is a natural or legal person or any other interested party, including consumer associations that represent holders of asset-referenced tokens and where that person, or any other interested party, purports to be eligible to submit a complaint to an issuer of asset-referenced tokens or a third-party entity that have been distributing, totally or partially, asset-referenced tokens.

2.   Issuers of asset-referenced tokens shall establish and maintain complaints-handling procedures that include all of the following:

(a)

a ‘complaints management policy’, which shall be:

(i)

defined and endorsed by the issuer of asset-referenced tokens’ senior management, that shall also be responsible for the implementation of that policy and for monitoring compliance with it;

(ii)

set out in a written document available in electronic or paper format;

(iii)

made available to all relevant staff of the issuer of asset-referenced tokens through an adequate internal channel.

(b)

a ‘complaints management function’, which shall:

(i)

enable complaints to be investigated fairly;

(ii)

identify and mitigate possible conflicts of interest.