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 31 Complaints-handling Procedures

Article 31 Complaints-handling procedures

1.  Issuers of asset-referenced tokens shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of complaints received from holders of asset-referenced tokens and other interested parties, including consumer associations that represent holders of asset-referenced tokens, and shall publish descriptions of those procedures. Where the asset-referenced tokens are distributed, totally or partially, by third-party entities as referred to in Article 34(5), first subparagraph, point (h), issuers of the asset-referenced tokens shall establish procedures to also facilitate the handling of such complaints between holders of the asset-referenced tokens and such third-party entities.

2.  Holders of asset-referenced tokens shall be able to file complaints free of charge with the issuers of their asset-referenced tokens or, where applicable, with the third-party entities as referred to in paragraph 1.

3.  Issuers of asset-referenced tokens and, where applicable, the third-party entities as referred to in paragraph 1, shall develop and make available to holders of asset-referenced tokens a template for filing complaints and shall keep a record of all complaints received and any measures taken in response thereto.

4.  Issuers of asset-referenced tokens shall investigate all complaints in a timely and fair manner and communicate the outcome of such investigations to the holders of their asset-referenced tokens within a reasonable period.

 

RTS

5.  EBA, in close cooperation with ESMA, shall develop draft regulatory technical standards to further specify the requirements, templates and procedures for handling complaints.

EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 30 June 2024.

Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

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