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AI Summary of Article 48 Requirements for the offer to the public or admission to trading of e-money tokens

An offer to the public or admission to trading of an e-money token in the Union is permitted only by the issuer who is authorised as a credit institution or as an electronic money institution and who has notified and published a crypto-asset white paper in accordance with Article 51. With the issuer's written consent, other persons may offer or seek admission, subject to compliance with Articles 50 and 53. Paragraph 1 does not apply to issuers exempted under Article 9(1) of Directive 2009/110/EC; and this Title, except paragraph 7 and Article 51, does not apply to e-money tokens exempt under Article 1(4) and (5) of Directive 2009/110/EC.

E-money tokens are deemed to be electronic money; those referencing an official currency of a Member State are deemed to be offered to the public in the Union. Titles II and III of Directive 2009/110/EC apply to e-money tokens unless otherwise stated in this Title. Issuers must notify the competent authority at least 40 working days before offering or seeking admission to trading. Where paragraph 4 or 5 applies, issuers must draw up and notify a crypto-asset white paper in accordance with Article 51.

Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 30 June 2024 - onwards
Version 3 of 3

Article 48 Requirements for the offer to the public or admission to trading of e-money tokens

1. A person shall not make an offer to the public or seek the admission to trading of an e-money token, within the Union, unless that person is the issuer of such e-money token and:

(a) is authorised as a credit institution or as an electronic money institution; and

(b) has notified a crypto-asset white paper to the competent authority and has published that crypto-asset white paper in accordance with Article 51.

Notwithstanding the first subparagraph, upon the written consent of the issuer, other persons may offer to the public or seek the admission to trading of the e-money token. Those persons shall comply with Articles 50 and 53.

2. E-money tokens shall be deemed to be electronic money.

An e-money token that references an official currency of a Member State shall be deemed to be offered to the public in the Union.