Updated 14/03/2025
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Article 5 - Delegated Regulation 2025/303

Article 5

Segregation and safekeeping of clients’ crypto-assets and funds

1.   For the purposes of Article 60(7), point (d), of Regulation (EU) 2023/1114, the notifying entity that intends to hold crypto-assets belonging to clients or the means of access to such crypto-assets, or clients’ funds other than e-money tokens, shall provide to the competent authority a detailed description of its procedures for the segregation of clients’ crypto-assets and funds, including the following:

(a)

how the notifying entity ensures the following:

(i)

clients’ funds are not used for its own account;

(ii)

crypto-assets belonging to the clients are not used for its own account;

(iii)

the wallets holding clients’ crypto-assets are different from the notifying entity’s own wallets;

(b)

a detailed description of the approval system for cryptographic keys and safeguarding of cryptographic keys including multi-signature wallets;

(c)

how the notifying entity segregates clients’ crypto-assets, including from other clients’ crypto-assets where wallets containing crypto-assets of more than one client, are kept in omnibus accounts;

(d)

a description of the procedure ensuring that clients’ funds other than e-money tokens are deposited with a central bank or a credit institution by the end of the business day following the day on which they were received and are held in an account separately identifiable from any accounts used to hold funds belonging to the notifying entity;

(e)

where the notifying entity does not intend to deposit funds with the relevant central bank, which factors the notifying entity takes into account to select the credit institutions with which to deposit clients’ funds, including the notifying entity’s diversification policy, where available, and the frequency of review of the selection of credit institutions with which to deposit clients’ funds;

(f)

how the notifying entity ensures that clients are informed in clear, concise and non-technical language about the key aspects of the notifying entity’s systems, policies and procedures to comply with Article 70(1), (2) and (3) of Regulation (EU) 2023/1114.

2.   In accordance with Article 70(5) of Regulation (EU) 2023/1114, crypto-asset service providers that are electronic money institutions or credit institutions shall only provide the information set out in paragraph 1 of this Article.