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Guidelines for Suitability of Crypto Entities Released by European Banking Authority and ESMA

Guidelines for Suitability of Crypto Entities Released by European Banking Authority and ESMA

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have released a joint consultation paper outlining guidelines for evaluating the suitability of management body members and shareholders or members holding qualifying stakes in issuers of asset-referenced tokens (ARTs) and crypto asset service providers (CASPs).

The proposed guidelines provide regulatory bodies with a shared approach for assessing the suitability of shareholders or members, whether direct or indirect, holding qualifying stakes in ART or CASP issuers. This includes authorization for issuance and conducting prudential assessments for potential acquisitions.

Additionally, the guidelines offer standardized criteria for evaluating the knowledge, expertise, integrity, and dedication of management body members in ART and CASP issuer firms. Ensuring the suitability of these individuals is crucial for maintaining the integrity of the cryptocurrency market and building trust.

Clarity and Standardization in Evaluating Suitability

The aim of these guidelines is to bring clarity and standardization to the evaluation process of the management body, shareholders, and members holding qualifying stakes. This will help minimize discrepancies in rule application and prevent arbitrage. The consultation period for these guidelines will remain open until January 22, 2024.

Hot Take: Strengthening Regulation to Safeguard the Crypto Market

The release of joint guidelines by the EBA and ESMA marks an important step in strengthening regulation within the crypto industry. By establishing clear criteria for assessing the suitability of management body members and stakeholders, these guidelines aim to enhance transparency, integrity, and trust in asset-referenced tokens and crypto asset service providers.

With the rapid growth of the cryptocurrency market, it is essential to have robust regulatory frameworks in place to protect investors and maintain market stability. These guidelines provide a shared approach for regulatory bodies across Europe to evaluate the suitability of individuals involved in ARTs and CASPs, ensuring that only qualified and trustworthy individuals are allowed to participate in these sectors.

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Guidelines for Suitability of Crypto Entities Released by European Banking Authority and ESMA