Consultation on joint EBA and ESMA Guidelines on the suitability assessment under MiCA

Digital Finance and Innovation
Investor protection

EBA and ESMA published the Consultation Paper on two draft Joint Guidelines covering suitability assessment of members of the management body, and suitability of shareholders and members with qualifying holdings of issuers of asset referenced tokens (ARTs) and of crypto-asset service provider (CASPs).

Responding to this paper

EBA and ESMA invite comments on all proposals put forward in the Consultation Paper and in particular on the specific questions summarised in 5.2.

Comments are most helpful if they:

  • respond to the question stated;
  • indicate the specific point to which a comment relates;
  • contain a clear rationale;
  • provide evidence to support the views expressed/ rationale proposed; and
  • describe any alternative regulatory choices the EBA should consider.

Comments to this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page.

The deadline for the submission of comments is 22 January 2024.

Publication of responses

EBA will inform ESMA of all the comments received. All received contributions will be published at the end of the consultation, unless requested otherwise.

The responses are available on the EBA's website.

Data protection

The protection of individuals with regard to the processing of personal data by the EBA and ESMA is based on Regulation (EU) 1725/2018 of the European Parliament and of the Council of 23 October 2018. Further information on data protection can be found under the Legal notice section of the EBA and ESMA website.

Who should read this paper?

EBA and ESMA invite CASPs, issuers of ARTs and competent authorities to respond to this consultation paper.