Updated 01/07/2025
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Article 3 - Delegated Regulation 2025/1142

Article 3

Conflicts of interest potentially detrimental to clients

For the purposes of identifying the conflicts of interest that arise when providing crypto-asset services and that may damage the interests of clients, crypto-asset service providers shall take into account whether the crypto-asset service provider or any connected person:

(a)

is likely to make a financial gain, avoid a financial loss, or receive another benefit, at the expense of the client;

(b)

has an interest in the outcome of a crypto-asset service provided to the client or of a transaction carried out on behalf of the client, which is distinct from the client’s interest in that outcome;

(c)

has a financial or other incentive to favour the interest of one or more clients over the interests of another client;

(d)

carries out the same business as the client;

(e)

receives or will receive from a person other than the client an inducement in relation to a service provided to the client, in the form of monetary or non-monetary benefits or services.