Regulation
The EBA publishes new guidelines for “token issuers” as part of the upcoming MiCA regulation
The European Banking Authority (EBA) has presented comprehensive guidance on recovery plans for issuers of asset-referenced tokens (ART) and e-money tokens (EMT) as part of the broader plan Cryptocurrency markets regulation (MiCA).
According to MiCA, ARTs are digital tokens backed by assets such as commodities, real estate or a diversified basket of assets, while EMTs are tokens pegged to fiat currencies to maintain a stable value for payments, also known as stablecoins.
The guidelines are designed to ensure that robust recovery plans are in place to maintain compliance regulatory requirements if issuers fail to meet capital reserve standards.
Recovery and disclosure
Those of the EBA mandate of the guidelines that issuers develop recovery plans that include a summary of key elements, governance details, recovery options and a communications strategy.
These plans must present a comprehensive framework of indicators to monitor the financial health and operational stability of the issuer, including a critical trigger risk indicator to monitor the alignment between the market price of the token and the value of the reference assets.
The guidelines incorporate the principle of proportionality, ensuring that the recovery plan requirements are consistent with the size, complexity and business model of the issuer.
According to the EBA, this approach provides flexibility, allowing issuers to design practical and effective recovery plans tailored to their specific circumstances.
For tokens issued by multiple entities, the guidelines highlight the importance of coordination to ensure aligned recovery plan indicators, consistent recovery options, and fair treatment of all token holders.
Transparency
The guidelines focus in particular on ensuring transparency. Issuers are required to develop communications strategies to inform token holders and other stakeholders about the implementation of recovery options.
They must also manage potential adverse market reactions and ensure that interested parties are aware of the measures taken to restore compliance. The guidelines specify that recovery plans should include transparent internal decision-making processes and timely communication with relevant authorities.
The EBA developed these guidelines following a public consultation which concluded in February 2024, incorporating feedback from various industry stakeholders. The final guidelines balance regulatory control with operational flexibility, with the aim of strengthening the resilience of the cryptocurrency market in the EU.
Issuers must comply with this guidance and notify the EBA of their compliance status. The guidelines will come into force two months after publication on the EBA website, providing issuers with a clear framework for maintaining robust recovery plans.
The EBA said that the formalization of these guidelines represents a significant step towards ensuring the stability and reliability of the rapidly growing cryptocurrency sector in the EU.