Skip to main content
Home
  • About ESMA
    • Governance Structure
      • Board of Supervisors
      • Management Board
      • Senior Management
      • Joint Committee
      • CCP Supervisory Committee
      • CCP Resolution Committee
      • Joint Monitoring Mechanism
      • Standing Committees
      • SMSG
      • Board of Appeal
      • Ethics and Conflicts of interest
    • Internal Organisation
      • Strategy and Work Programme
      • Working Methods
      • Diversity, Equity and Inclusion
    • International Cooperation
    • Legal Notice and Data Protection
    • Transparency and Access to Documents
    • Agenda
    • Careers
    • Procurement Opportunities
  • ESMA's Activities
    • Investors and Issuers
      • Benchmark Administrators
      • Credit Rating Agencies
      • ESG Rating Providers
      • External Reviewers of European Green Bonds
      • Fund Management
      • Issuer Disclosure
      • Investment Services and Crowdfunding
    • Markets and Infrastructure
      • Central Counterparties
      • Data Reporting Services Providers
      • Trading
      • Consolidated Tape Providers
      • Post-trading
      • Shortening the settlement cycle to T+1 in the EU
      • Market Integrity
      • Short Selling
      • Central Securities Depositories
      • Securitisation
      • Trade Repositories
    • Risk Analysis
      • Risk Monitoring
      • Topical Analysis
      • Interactive Dashboards
    • Sustainable Finance
      • Climate benchmarks and ESG disclosure
      • CRAs and Sustainability
      • Investment Services and Fund Management
      • Sustainability Reporting
    • Digital Finance and Innovation
      • Digital Operational Resilience Act (DORA)
      • DLT Pilot Regime
      • Markets in Crypto-Assets Regulation (MiCA)
    • Supervision and Convergence
      • Registration with ESMA
      • Investigations and Inspections
      • Supervisory Convergence Tools
      • Sanctions and Enforcement
      • Enforcement Convergence Initiatives
      • Breach of Union Law
    • New supervisory and oversight mandates
    • Data
      • Data Reporting
      • Databases and Registers
      • Data Quality and Use
      • Statistical Information
      • European Single Access Point (ESAP)
    • Listing Act
  • News & Publications
    • News
    • Documents
    • Speeches
    • Newsletter
    • Interactive Single Rulebook
    • Guidelines, Recommendations and Technical Standards
    • Peer Reviews
    • Risk Monitoring and Analysis
    • Questions and Answers
  • Investor Corner
    • Is the firm regulated?
    • Get ready to invest
    • Frauds and Scams related to ESMA Logo and ID
    • Publications for Investors
    • Product Intervention
    • Make a complaint
    • Cost of Investment Products
  • Interact With ESMA
    • Media Corner
    • Speaking Requests
    • Stakeholder Engagement
      • Stakeholder Relations
    • Consultations
    • Events
    • Whistleblowers
  • Contact & Help
    • Contact Information
    • FAQs
    • Glossary

Breadcrumb

  1. Home
  2. News and Publications
  3. Interactive Single Rulebook
  4. MiCA
  5. Article 26 Liability of Issuers of Asset-referenced Tokens For The Information Given In a Crypto-...

Article 26 Liability of issuers of asset-referenced tokens for the information given in a crypto-asset white paper

1.  Where an issuer has infringed Article 19 by providing in its crypto-asset white paper or in a modified crypto-asset white paper information that is not complete, fair or clear, or that is misleading, that issuer and the members of its administrative, management or supervisory body shall be liable to a holder of such asset-referenced token for any loss incurred due to that infringement.

2.  Any contractual exclusion or limitation of civil liability as referred to in paragraph 1 shall be deprived of legal effect.

3.  It shall be the responsibility of the holder of the asset-referenced token to present evidence indicating that the issuer of that asset-referenced token has infringed Article 19 by providing in its crypto-asset white paper or in a modified crypto-asset white paper information that is not complete, fair or clear, or that is misleading and that reliance on such information had an impact on the holder’s decision to purchase, sell or exchange that asset-referenced token.

4.  The issuer and the members of its administrative, management or supervisory body shall not be liable for loss suffered as a result of reliance on the information provided in a summary pursuant to Article 19, including any translation thereof, except where the summary:

(a) is misleading, inaccurate or inconsistent when read together with the other parts of the crypto-asset white paper; or
(b) does not provide, when read together with the other parts of the crypto-asset white paper, key information in order to aid prospective holders when considering whether to purchase the asset-referenced token.
 

5.  This Article is without prejudice to any other civil liability pursuant to national law.

Home
ESMA is an authority of the European Union Home
  • Careers
  • ESMA Documents
  • Contact & Help
  • Media Corner
  • Cookie Policy
  • Data Protection
Social Media